thanks black poppy appreciate your quick advice. even after the date given has past?

doesn't seem fair for the seller... as in  doesn't the buyer need to provide proof for an eBay claim that the item is counterfeit  - since I believe its not.. fvf is minimal... 

I knew sooner or later I'd end up wearing a return, as in how easy so many other threads have stated a return can be for any buyer - sigh!

You could sit tight and see if the buyer does escalate... they will be able to for at least a couple of weeks yet (i've never tested this so don't know the tieframes for sure).  It's a bit of a gamble I guess.  If they do nothing then it will just time out eventually.  But if they do escalate you'll lose the funds and the items.

as in ebay favour the buyer? its a no win even if you are in the right? - so to speak.  as in any buyer could do it?