Item not dispatched, but ebay says it's on it's way

Bought item on November 15 on 'best offer'. Contacted seller (In Spain) on 28.11 as it had not been dispatched. Replied that he had been in quarantine, had work and a backlog to catch up on, item has still not been dispatched (Dec 15) I have contacted twice in the meantime with no replies and seller has had 3 more negative reviews for items not received, he now has no items for sale. I have contacted him again, and ebay still says 'on it's way'. Surely now I should be able to open a case? Just think this dude is going to disappear off Ebay and I'll be stuffed.

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Have a look at the original listing on your Purchase History and see what the estimated delivery dates are.

 

If it has gone past the last estimated date open a case for Not Received in the Resolution Centre, link at bottom of the page.

 

Escalate your case after 3 full business days if he hasnt refunded or if your item still hasn't arrived.

 

You get 30 days from the edd to open a case so don't leave it too late.