Almost a month, and still no item!!

I had posted earlier asking about filing claims. Here's the jist of it. - Bought Item March 7th, payed with e-check. - e-check cleared March 15th. - Contacted seller on March 19th asking if item is enroute... The following messages were exchanged... Sent Date: Mar-19-10 06:58:54 PDT Dear xxxxxxx Heya! Just wondering if my hoodie is enroute?! Thanks a bunch - ryleighs*mama Sent Date: 22-Mar-10 18:16:13 EDT Dear ryleighs*mama, Hello, I apologize if you have not received the item. I was out of town and had someone else handle my shipping. I happen to have another item just like the one described. I will ship it tomorrow and send you a tracking number. My sincerest apologies! - xxxxxxx Sent Date: Mar-26-10 06:16:04 PDT Dear xxxxx, Hello, Again, I am wondering if my item has been shipped. You had stated it would be sent on the 23rd and you would provide me with a tracking number, and you have not contacted me since. I would like to resolve this issue before escalating a claim through paypal. I understand that life get's in the way sometimes, but it's only fair to communicate with your buyers and hold up your end of the contract. Please let me know what is up. Thank you. - ryleighs*mama March 26th. Dear ryleighs*mama, I understand where you are coming from, and I will not try to justify the situation. As I mentioned, I was out of town on a family emergency. Your item will be sent tomorrow morning, I will provide a tracking number, and I will pay you back the $18.50 to make ammends. So the only thing you will be paying for will be the shipping. Sent Date: 27-Mar-10 12:26:05 EDT Dear ryleighs*mama, Your item has been sent. I apologize for all inconveniences, let me know as soon as you receive the item. I do not have a tracking number for you, since it was sent internationally. I appreciate your business! Sent Date: Mar-27-10 12:02:30 PDT Dear xxxxx Thank you. I appreciate you sending it. Will I still be receiving a refund? Thank you. - ryleighs*mama March 29th Dear ryleighs*mama, Yes... I have $16 in my bank account as of right now. When I get paid I will send you your money back. April 5 Hello again, I was wondering when I am going to receive my refund? You have sold 9 items since you responded to my message on March 29th. If I do not receive my item, or a response from you by Friday March 9th, I will have no choice but to escalate a claim. I have been patient and understanding, and this has almost been a month since I have purchased this item, I think I have been very patient. Thank you. - ryleighs*mama Did I do the right thing, or should I have escalated a claim long ago? I looked at the sellers completed listings, and they have sold 9 items on April 2nd alone. I know I really shouldn't expect a refund, but when you say you're going to do something, shouldn't you follow through? Also, this seller seems odd... "No tracking number because it was sent internationally?" Come on now. What should I do? I really don't care to have the item anymore, I just want my money back and this seller on my block list. Thanks for your help and sorry for the long post!|||Youhave done the right thing to wait thislong. You should not start counting the time against the seller until the date your e-check cleared. The wait time for an e-check is not his responsibility, as he has not been paid until then. That still leaves three weeks and you have been patient enough. It is time to file the claim, or escalate to a claim as you have indicated. You'll get your money back, but I doubt very much if you'll get your hoodie.|||Thank you very much for your reply. I know that I should count the day my e-check clears as basically the date of purchase, even still it has been 21 days since. The listing stated that the seller would ship within 2 days of cleared payment, and the seller didn't send it until 12 days after it cleared. Is it wrong of me to leave neg. feedback?!|||Good God woman you have 60 days to leave feedback! Sounds like this transaction's not nearly over yet. But sounds like the classic staller, family emergency, others doing the shipping, having a "another" item to send (where's the first hoodie???), waiting for payday, almost every stall tactic rolled into one!||||||You only have 45 days from End of Auction to file a dispute. It sounds like this seller is trying to string you along.|||Escalate the dispute to a claim now. NO reason to continue a dialog with this seller.Your seller is trying to stall you,hoping you won't escalate the dispute to a claim in time and Ebay/Paypal will Auto Close the dispute. In that case, you would get nothing. Just escalate now and get your refund. Neg feedback, in this case was justified. Normally, you should wait , until the dispute is finalized before leaving feedback, since, you have 60 days to worry about feedback.|||IF the item shows up after you have been refunded, then you can just repay the seller.|||||||||Being on ebay for over 10 years, the minute I hear my dog died, my X died, I had family emergency, I'm disables, blah blah. Whether its a seller or a buyer I stop communication file the necessary procedure to either get my money or my fees back and move on.|||Well I know from now on when people make those kinds of excuses, especially numerous times, I will know that I'm better off to get a refund and buy elsewhere. I'd like to give the seller the benefit of the doubt, and maybe the seller really was out of town (I'm thinking nice thoughts lol) Again, am I in the right to leave negative feedback? Or should I not leave feedback at all? I'd hate to damage someone's rep if it's unjustified. I've never come across someone like this before, and I hope that this seller doesn't do this to other buyers in the future. This seller has definitely made this transaction more of a headache than anything. Thank you for all your help. You are all wonderful Ebay boardies