Don'tcha hate when that happens....

I bought a PS2 game for my daughter....it said "BRAND NEW" in the title and description. However, when I got it (wrapped in paper towels), the box was obviously not new and in fact the CD had serious scratches on it. I wrote to the seller, but it's obvious he doesn't care. Now I'm torn with leaving neg feedback for him or just saying "lesson learned." *sigh* It's sellers like this that give eBay a bad name....