Monday, May 24, 2021

Simecom lawyer writes me; a hopeful first step in my identity theft case

My message to Simecom made it through! I received a pleasant though insufficient response, and I’m happy I actually have someone on the company’s legal team I know I can communicate with now. They were kind enough to write me in English, though from the very first sentence I get the impression that my Italian might be equal to this person’s English. However, I will continue to write them in English, because I feel it will make a bad impression to write in imprecise or ungrammatical Italian.

Here is the letter:

Egregio Signor Spadoni,

You’d like to apologize me for my enghlish. I spoke to my client, Simecom s.r.l., telling your reasons.

However, we have a undersigned contract that, according to the Italian law, should have been disclaimed. Furthermore we have no proof of “furto d’identit√†”.

Therefor we can unlock the Bank account only if you pay the total ammount due: € 3.199,18. Otherwise we have to go to trial.

Please let me know by May 27th.

I hope to hear from you soon

Dott.ssa Ginevra Mizrahil

This is pretty much what I expected at this point, because Dottoressa Mizrahil is correct: I haven’t provided any real proof of identity theft. To do that, I will need a copy of the “undersigned contract” she mentions. My best hope is that the contract has a signature which does not come anywhere close to matching my own. That was the case with the auto bought and sold in my name about five years ago.

But my passport does have a copy of my signature, and the identity thief could have attempted to create a reasonable facsimile of my signature. But even in that case, I am prepared, because I’m friends with a certified handwriting expert who has more than 25 years of experience with disputed documents. He has examined “thousands of cases and tens of thousands of forged documents,” his website says. He has experience testifying in multiple courtrooms and administrative hearings. He has already messaged me and volunteered to write a letter or testify, if needed.

I will write back and request a copy of the contract and any other correspondence that Simecom has sent me—or tried to send—regarding the dispute. If they have tried to send letters by registered mail, I’ve not been in Montecarlo to sign for them. And if they have sent messages by regular mail, they have no proof I’ve received them—which is accurate, because I have not.

So while I feel confident I could prevail in a legal case, my goal is still to convince Simecom that it’s a waste of time to take this to court. I don’t want to hire a lawyer, and I don’t want to make a special trip to Italy just to clear this up. I will use all my skills in persuasive writing to compose my next letter to Simecom. I will post the letter on my blog soon.

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