Item shipped, tracking stopped updating

[stpac]

I purchased a product from an online vendor on April 4th, using USPS 2 day priority shipping. The payment was processed and item shipped out on April 5th. Initially the tracking showed the item would arrive by April 8th before 8:00 pm. The last tracking scan was the item leaving the local post office in the seller's location. On the 8th around 5 PM tracking updates to say the item will be late but is still in transit. Tracking was changed 24 hours later only to say it's now April 9th and the package will be late. Tracking has not updated since that time and I believe the item to be lost.

I contacted the seller on April 10th asking if they could contact USPS to discover what has happened to my package, as USPS tells me only the sender can file a claim if necessary. The seller has now told me that the only thing they can do is wait until April 17th to file a claim for the missing item, 7 business days after the package was supposed to arrive, per USPS policy (I confirmed this as well). The seller also stated they would decide whether to ship a replacement or not on the 18th. 

At this point I am apprehensive that a) my package will be found and b) the seller will send me a replacement. What are the odds if I file a dispute PayPal will rule in my favor? My concern is the seller will claim they completed their end of the transaction since the item did ship regardless of where it has ended up.

[kernowlass · Accepted solution]

@stpac 

To win a dispute for non receipt of item the SELLER has to provide a tracking number that proves delivery of the item to your paypal registered address. If they can't do that then they should refund you and then claim from whatever postal service they used to refund themselves.

How do I open a dispute with a seller when a purchase goes wrong?

You can open a dispute in the Resolution Centre of your PayPal account within 180 days of payment if:
•You don’t receive the item
•You receive an item but it’s significantly different than the description on eBay or on the seller’s website

By opening a dispute, you can communicate directly with your seller to work out a problem transaction.

If you reach an agreement with the seller you can close the dispute. If you're still not happy with the result, you can escalate the dispute into a claim. We'll review the claim and decide on reimbursement.

These steps apply to Personal accounts. If you have a Business account, please log in to see the steps that apply to you.

To open a dispute:
1.Log in to your PayPal account.
2.Near the bottom of the page, under 'More about your account', click Resolve a problem in our Resolution Centre.
3.Click Dispute a Transaction.
4.Select the button beside the transaction you want to dispute, then click Continue.
5.Select ‘Item dispute’, click Continue and follow the on-screen instructions.

Note:
•Generally buyers must wait at least 7 days from the date of payment to escalate a dispute for an item not received
•Where an item has not been received, please ensure you have given the seller enough time before opening a dispute

https://www.paypal.com/webapps/mpp/first-dispute

DO NOT CLOSE THE DISPUTE UNTIL YOU HAVE A CLEARED REFUND OR YOUR ITEM WHATEVER THE SELLER SAYS. ALSO DON'T FORGET TO ESCALATE THE DISPUTE TO A CLAIM WITHIN 20 DAYS IF THE SELLER DOES NOT REFUND.

If that does not work then if you funded your paypal payment via a card then contact your card issuer and see if they will do a chargeback for you.