When to escalate a PayPal claim

I purchased an XBOX 360 game off eBay on the 4th of May and have contacted him via e-mail a few times regarding the game and received no response.. Then I e-mailed him one last time asking for a refund or the game within 5 business days.. Still nothing. So, on the 23rd of May, I filed a claim against the seller and explained the situation in the 'Notes'.. The seller has not responded to the claim at all, so I guess the next step is called 'Escalating the Claim', which means ending all communication with the seller and let a PayPal Claims Agent determing whether I am entitled to a refund. One problem, it says

[quoteaaa61f667f][baaa61f667f]It is usually in your best interest to give your seller a chance to communicate with you about a dispute before escalating to a claim.[/baaa61f667f] The vast majority of sellers want their customers to be satisfied and welcome the opportunity to work out disputes amicably.[/quoteaaa61f667f]

Here we are at the 29th of May.. When do you guys think I should escalate the claim? (I know this guy isn't going to reply. In fact, he just received a Neg on the 27th for backing out on a couple of Pistons tickets from a seller. His previous feedback rating was 100% and he's been around for a year, so I figured he was reputable.. I was dead wrong.)

If he doesn't answer your claim after a certain number of days, you automatically win and get refunded. Unless he has a tracking number to show, you will win but you will have to be a little patient. Paypal allows 30 days for seller to ship.

A scammer on this forum (been banned for a few weeks now) just filed a complaint against me but instead of trying to resolve it or let me reply he immediately escalated it. roll

It says I have until the 12th of June to escalate the claim or else the entire dispute gets thrown out.. I'm wondering if I should just do it now or wait until the last minute to do it.. I'm only worried that this slippery shit will get away with my money by deleting his account(s).

what is esclatating a claim? and how do u do it?

[quoteeda6d37075="JustBlaze786"]what is esclatating a claim? and how do u do it?[/quoteeda6d37075]

Escalating to a Claim
If you are unable to resolve this dispute with your seller, you can escalate it to a claim with PayPal within 20 calendar days of opening the dispute. By doing so, you are asking PayPal to review the dispute details and decide the outcome.

It is usually in your best interest to give your seller a chance to communicate with you about a dispute before escalating to a claim. The vast majority of sellers want their customers to be satisfied and welcome the opportunity to work out disputes amicably.

Keep in mind that escalating to a dispute does not automatically make you eligible for a refund. To be eligible for a refund, PayPal's Claim Resolution Specialist must decide the claim in your favor.

Call their support line and explain the situation, and ask for advice.