A person stole my picture and writing...

[diamond123]

What is the name of your state (only U.S. law)? MO

I listed an item that is very hard to find. It is very rare and you have to find it to win a contest.

I found two, so I put one on EBAY and sent my other one in to claim my prize.

The next day after my item sold for $80.00 not counting shipping and insurance.

Someone on EBAY stole my writing and my picture. I noticed it almost immediatly, and then another EBAY member wrote to me and had seen it also.

I have been going through all kinds of trouble the last three days. Stress, which brings on Migraines.

I am angry, I e-mailed the member that took my writing..word for word..and my picture.

No response back - I don't even know if this person really has the item or not.

I have talked to every department in EBAY and all they tell me for 3 days is they are investigating.

The item just sold for $88.00 more then my item even did.

Of course, the writing is EASY to investigate it is word for word.

The picture is also easy, I have a baseball border in my sons room. I tried to cover the border with a white sheet, but you can still see the baseball border through the sheet, if you really look for it.

I even pointed this out to everyone at EBAY.

What are my rights?

Would this be a small claims?

What should I do?

I am very shocked EBAY has not done ANYTHING YET.

I feel I should be paid for my picture and my writing.

This person lives in another state.

Please tell me if I have any options and what they are if I do.

I could not figure out if I should post this here or under small claims.

Please let me know if I posted in the wrong place.

Any information to help me, I would appreciate.

I am extremely angry at this time.

If EBAY would have even taken it down the first day or the second, but they watched a 3 day listing sell and they did nothing.

This person did nothing, even after I wrote to her/him, through EBAY e-mail.

I am sorry for rambline, I am just very upset about this.

Thank you for listening and I welcome any advice.

 

[seniorjudge]

Do you want to travel to another state to sue someone in small claims court for $88?

 

[FlyingRon]

If you filed the NOCI claim with Ebay (You have to fax it to them), then after a few days they will remove the auction. After you get one NOCI procesed by fax, they'll give you info on how to express your complaints electronically after that.

 

[diamond123]

Thank you..more

Flying Ron - Out of all the people I have talked to they have never told me this. I have even talked to security on a Live Chat. I will check into that.

Senior Judge - If someone stole something from you..just how would you feel?

I think stealing pictures and writing is against the law. Maybe I am wrong!

Is this more a press charges against someone?

The money IS NOT as important as - A THIEF - That is what I consider this person.

I am also NOT only thinking of myself, I asked EBAY to please make sure this person had the item. This contest is a VERY IMPORTANT to some people.

I will give you an example - if you buy all three sets - One ( the one I sold) and the one the person stole my picture etc. is the hardest set to find - It is RARE.

One person has already found all three sets and turned in their UPC codes - received their model horse and it has already sold for OVER $500.00 on EBAY.

Now, if someone spends 88.00 plus shipping - and this person doesn't have the item.

This person will be out over 100.00 plus the posiblity of selling the MODEL HORSE for 500.00.

That may not seem like a lot of money to some people..but, it does to MOST.

I follow the LAW and Senior Judge, by your name I would think you would want EVERYONE to follow the LAW - so why a rude comment?

I do NOT like a liar or a thief - call it a pet peeve of mine . I don't know, but this is WRONG in my opinion.

 

[FlyingRon]

The security live help knows nothing other than dealing with a few "security" related issues (mostly highjacked accounts).

The people on the general live help, are completely incompetent.

forums.ebay.com is populated with tons of ebay savvy volunteers and is the fastest most reliable information.

 

[Zigner]

Maybe the seller is the same person who bought yours?

 

[diamond123]

Thank you..more

Thank you for the information on the forum on EBAY.

I have bought things on EBAY, 99% happy, but I check feedback.

I sold one item and it was horrible. After a week I finially heard from Ebay, NO HELP THERE.

Anyway, I also thought about the person that bought mine - MIGHT be the very same person selling. They just acted odd and wanted it shipped fast, but did not want to pay high postage.

I knew this contest was important, so I took money from my pocket and paid the extra postage to get it to her fast. The next day - the ad popped up.

My nature is to help people, but I guess on EBAY you have to be very careful who you help.

I have learned a hard lesson - don't trust so many on EBAY and don't expect much help from EBAY.

I think I could write a book on EBAY..lol..maybe that is how to get my money back.

Just kidding about the book, I am a horrible writer so I could not do that.

Thanks for all the help and opinions.

I am going to try that forum out, I didn't even know they had one.

Seniorjudge, I probably should not have been so rude to you. I felt like you were making a joke out of my problem.

I was trying to point out - the money isn't as important as the thought of someone stealing something. I don't want somone to STEAL my mailbox. I could buy another one for 10.00 bucks, I just do not like a thief.

I guess a mailbox was not a good example - that is more serious, but I think you get my point.