Dear Mr. Stickney:
When I called Fidelity on the morning after receiving the postcard, I spoke to Mr. VanHirtum who summarily accused me of being a liar, that I could not have received such a postcard. Now, sir, you are playing the same record again.
Since that time period you received a letter from my attorney which you did not respond to. I resubmitted the letter, certified with return receipt requested. This time you were kind enough to acknowledge receipt of the letter and respond to it. And, once again, you misrepresent the facts.
To refresh the memory of both you and your colleagues, I do believe that I was told that all calls are recorded. It would be most kind of you to review the recording of Jan 8, 2013 when I spoke to Mr. VanHirtum. On that occasion he insisted on seeing the postcard before he would believe it because he was certain that such a card could not have been sent. He told me that such postcards are only generated from his office and that the postcard was not listed in his book. Further he could not confirm the existence of the postcard without viewing it himself, but would investigate when he received it.
That very afternoon I took the postcard to your Third Ave NYC office.
The representative faxed a copy of the postcard to Mr. VanHirtum and gave me a copy of the successful transmission. I called him and left a message to alert him to the arrival of the fax that he had insisted on.
After waiting more than 3 weeks for the results of his investigation, I called him. Kindly note that he never called me during this time, although he had assured me he would. When I finally reached him on Feb.1, 3012, he told me that he had never received the fax, so he thought I had never sent it. He stated that he thought I was not interested in pursuing the matter since he had not heard from me. After a few more words, he went to check the file. He then came back and told me, "Oh, yes, it is there, but I was not aware of it.:
Please listen to your own recordings. If it is true that Fidelity records the conversations with clients for their protection, this will confirm what I have told you.
Mr. VanHirtum never contacted me. I waited for his call like a fool, believing that he was investigating as he had assured me he would. By the way, there were numerous other calls that you should have recording of when I tried to reach Mr. VanHirtum, but was unsuccessful:
2/5/13 3:30pm, 2/11/13 2:30pm, 2/14/13 2pm, 2/20/13 6pm, 2/22/13 3:30pm, 2/25/13 2:58pm,
2/26/13 5:30pm
If you listen to your own recordings and re-read your letter that you sent to the SEC with a copy to me has the same gibberish that your
representatives gave me on numerous occasions when I spoke to them.
Even when I first wrote Fidelity and was contacted by Mr. Shaun McEnery, Executive Office Specialist, he was of the view that we were "attention seekers." We nonetheless accepted new account numbers.
Subsequently, after several other incidents where our security was compromised but ignored by Fidelity when it was reported, we transferred our accounts to another brokerage firm.
Now your letter to the SEC claims that a postcard that I received on Jan 8, 2013 was sent to me on Sept 4, 2013 in regard to an incident that occurred in August. And, you expect this to be believed! It is amazing how many times you, Mr. VanHirtum and other members of the Fidelity staff have rewritten the facts and place blame on the postal service.
Sir, for the record, I have been doing business with Fidelity for over a decade prior to this incident. Suddenly I have gone from being a "valued client" who never bothered the firm to being an "attention seeker," who is reporting activity on my account that "clearly could not be happening."
I look forward to your immediate response for a satisfactory conclusion to this matter.
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