Eee_tee wrote:
IT would seem the phone is still Linked to the original owners Apple ID, I have contacted him to remove it
The good news is that you are protected by eBay and won't lost out. Give the seller a maximum of 24 hours to respond to your request to remove the device from their iCloud account. After that, open a dispute with eBay immediately.
Also, it would be wise of you to scan the original listing that you purchased from to see if there is any seller-provided information that would indicate whether you should have expected to be getting a phone that is usable or if it were advertised as iCloud locked in any way.