This is an absolute disgrace.

Apart from eBay not following their own policy, it should never have come to an appeal from gavrook in the first place.

"eBay who basically told me as they lodged it as an "item not received" and not "not as described" and tracking  showed received the claim would be closed in my favor"

This happened but then a couple of days later I got an email saying the buyer appealed and eBay has now ruled in their favor and have taken the money out of my account.

Just like that !  

An appeal  from a scammer was successful  !

gavrook, I wish you good luck in trying to get help with this outside of eBay.