Avoid this eBay seller - camera2sell

i paid for a digital camcorder in July via bank draft and seller confirmed receipt of it. it was supposedly sent from Los Angeles. i was given a tracking number but no item existed. i asked the seller cameras2sell to confirm it's status. still no sign of the camcorder. i was then told it was sent from Germany and that i should receive it. he asked me to contact another eBay buyer from Ireland who had purchased from him before and he told me it took one month. this went back and forth till October/November!
eBay weren't able to help as it was past the 60 or 90days and the seller won't reply to any of my emails which i still send daily!!
has anyone ever taken legal action against these sellers? could the item be in customs? i've bought several items from eBay and i've never had this sort of issue.