What should i do???....

hi guys, well another day goes by and i still haven't got my 07 Exquisite box from a US ebay seller from early Dec....wanted to ask you guys what you reckon on my situation and what i should do...i know what i want to do but not sure if im doing the right thing...
first off the facts:
-seller has been on ebay since 27th Sept 07, 340+ feedback, 4 neutral and 1- feedback
-4 negatives have been mutually withdrawn in the last month(all were for the same thing im dealing with)
-won box on 28th Nov 07, paid 4th Dec coz i was waiting for a registered/insurance shipping price, seller told me he sent e-mail str8 away on the 30th with a price but checking my mail and he didn't...as soon as i got the price i paid 2 mins later...
-seller told me $18us for shipping which takes 7-10 working days but if i paid $25us it would be a day or 2 quicker, i picked $25us coz i wanted it in time for the xmas ozcard box breaking day
-2 days b4 xmas day i still hadn't got my box and i sent him a message asking whats up and if there was a tracking number i could check out to the status where it is, got a reply back boxing day saying he has no tracking number but would be happy to 'fax' me his mailing receipts if i gave him my fax number...i declined saying why don't you just e-mail them to me and stated how upset i was that my box hadn't arrived in the time frame he gave me and why i don't have a tracking number....
-seller gets back to me just after the new year coz he said he was on holidays and not near his office which is fair enough, he said he was angry with USPS and was chasing up with them where it is, he then said if he doesn't have a answer or i still haven't got my box by the 4th Jan 08, then on the monday 7th Jan he was gonna send a second box out EMS mail...
-monday 7th Jan i get a message saying he has just sent out a 2nd box 'registered mail' and explained to me the whole process of having to sign for the box at the box office to ensure it gets to me safe blah blah blah...he was also thankful for me being so patient and understanding...
-well its been another 2 full weeks and still no sign of the 1st box and the 2nd box hasn't arrived either.....

now its coming up to the deadline to make a paypal dispute claim and im not sure what to do...do i make a claim before its too late or do i wait another few days for the 2nd box to arrive?
looking at the situation on paper it seems to me the guy might be stalling a bit, i think winning the box for under $450aus might raise some eyebrows as to if he sent it in the first place, he seems like a good guy and looking at his feedback tells me he is for real and not a scammer, but there still is some inconsistencies in some of the stuff he's told me like he was gonna send the second box express the first time then said he send it registered mail...plus the whole tracking number thing made me start to wonder, does registered mail from the US have tracking numbers? i thought it did but not sure...
what do u think?.....

Hit up PayPal mate, don't waste your time any more. It's ovious it's not coming.

After reading all that, I'd be on to PayPal asking for my money back.

Hope it works out Leroy.

I don't even need to read the whole thing to know that you should be making the claim right now....DON'T PUT IT OFF ANY LONGER!!!

Does the 45 days for a Paypal claim start from when you won the item or from when you paid?

4 negs all withdrawn recently? Absolutely, start the Paypal process without delay!

Allstar cards inc said:

I don't even need to read the whole thing to know that you should be making the claim right now....DON'T PUT IT OFF ANY LONGER!!!

Does the 45 days for a Paypal claim start from when you won the item or from when you paid?

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if i make a claim do i even have a chance of winning it? he's gonna say he was in contact with me the whole way doing what he can to make it right plus he said he sent out a 2nd box to replace the first one...
it says on ebay 60 days after the item was paid for...

I would start a claim now and don't cancel the claim until you get your money or the box because if you cancel it, you can't redo another claim for the one item.

i forgot to mention i won a 08 topps hobby box of him too on 6th Dec 07 for $20us on a different payment that hasn't arrived either....looks like that isn't coming either....
i really don't want to get negative feedback out of this coz he hasn't left me any yet....
name and shame time even though he hasn't got any items for sale/auction
user name: 246sportscards

I'm pretty sure he would have to have sent it registered and have you sign for it as evidence of the arrival of the item to you, for Paypal to find in his favour. I also don't believe that ebay negative feedback is definitive in the case of a Paypal dispute...if he were to bother to leave it it should be removable once you have won a dispute.

thanks for ur advise guys, will make a claim when i get home from work tonight...
the only time i've done a claim was when we had that issue with Max on this site....never had to make a claim through a ebay seller, i hope it works out too....
just so pissed off i haven't been able to bust a Exquisite box...been wanting to do one for years

Start the claim now dude. Unless you're home before 7pm (the time the new American day starts) cause you only have 45 days to lodge the claim and it's been...well....by my count pretty much that. So I wouldn't delay in any way.

Mate no offence, but I can't beleive you have waited this long!

You need to make a claim immediately mate and as bigsarg said, do not cancel it until you have received either both boxes or your money back.

ahh man if its 45 days that means it was yesterday, i was looking at the ebay dispute part which is 60 days not the paypal one
doing the claim right now and sending the guy a nice reply....
im pretty much screwed aren't i?....

Leroy said:

if i make a claim do i even have a chance of winning it? he's gonna say he was in contact with me the whole way doing what he can to make it right plus he said he sent out a 2nd box to replace the first one...
it says on ebay 60 days after the item was paid for...

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The fact he was in contact with you the whole time is of no consequence....Paypal will soon sort out whether or not he's posted them.

Hoffa said:

Mate no offence, but I can't believe you have waited this long!

You need to make a claim immediately mate and as bigsarg said, do not cancel it until you have received either both boxes or your money back.

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i can't believe i waited this long too, but when he said he was gonna sort this out even if it meant sending out a 2nd box i guess i was naive and gave him the benefit of the doubt...
man im stupid....

Nah, you're not stupid mate, maybe just too trusting.

I haven't ever tried it, but if you paid via credit card through paypal you sould be able to go through you bank/credit card company to get a refund.

i have opened up a paypal dispute, it says that its waiting on the seller to reply to my claim...does this mean the claim it going through or will it be shut down at a later point? i think i just got it in....

Make sure you escalate it to a Claim, (just to be sure it IS a claim).

99% sure it's 45 days from date of payment.

Claim.

In cases like this, and you think the seller is legit.

I always say "I'm gonna claim, but if you sent the item as mentioned. I will Paypal the monies back to you if the item arrives later on".

Have not received a neg ever.

Leroy said:

i really don't want to get negative feedback out of this coz he hasn't left me any yet....

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You can even protect yourself from negative feedback. Lodge an item not received claim through ebay. If he leaves a negative without responding to the item not received claim then the negative feedback will be removed