– case hinges on unsigned bank letter
INDRANIE Samaroo filed an action in the Supreme Court Registry yesterday, claiming from Scotiabank the sum of $683,893,267 as unpaid current balance on account of the deceased Motee Deochand. But Scotiabank allegedly cannot trace those transactions.
Represented by Attorney-at-Law, Frank O. Fraser, the woman is relying on an unsigned letter which bears the Scotiabank Manager’s stamp to prove her case.
The unsigned letter from Scotiabank, dated 7/30/08 and addressed to Motee Deochand of #3 Village, West Coast, Berbice, reads thus:-
“We have noticed that your GYD D/CA-PER LOC RES account number 31051 has been inactive for 62 months. Your current balance on this account is $683,893,267.
“As a valued Scotiabank customer, we want to be sure you know this amount exists in your name and address, and that you are aware of the up-to-date balance.
“It is important to us that we are meeting your banking needs, and that our records are up to date. Therefore, we ask that you acknowledge this letter at your earliest convenience. Simply return the bottom portion of this letter to the address below, or visit your Scotiabank Branch to have your account reactivated.
“If you choose not to reactivate your account at this time, please be advised that an inactive maintenance service charge of $1750 will be debited from your account 90 days from the date of this notice.
“We value your business, and look forward to hearing from you.
“Yours truly, Branch Manager”
In her statement of claim, the plaintiff said that after receiving the letter of 30th July, 2008, Deochand became dangerously ill and returned to the United Kingdom, where he died on the 8th February, 2009.
The plaintiff said she would rely on the letter for its full terms and effect exhibited herein.
On May 24, 2012, the plaintiff, in her capacity as administratrix of the estate of the said deceased, wrote to the defendant’s Bank at 104 Carmichael Street, through her Attorney-at-Law, to transfer the amount standing in the deceased’s account to a new account in her name; and at a subsequent meeting and discussion with the Manager of the New Amsterdam Branch, the plaintiff was told by him that the deceased’s account was closed.
It is to be observed that, upon the death of the deceased, the funds in his account passes to his legal representative; and the Defendant Bank is justified in complying with the mandate of the personal representative.
The plaintiff, in her capacity aforesaid, will contend that the transaction with the Bank was one transaction, the terms of which did not include commission or interest. No commission or interest was charged on the account during the five-year period and thereafter; and the account was closed on a date unknown to the plaintiff.
The plaintiff will contend that there was no transaction on which commission and/or interest was chargeable, and that the plaintiff never received constant statements concerning charges for interest and commission, to which no objection was made.
That it will be contended that there were no items to either the deceased’s credit or debit for commission and interest. The only debt was the amount of $6,000,000; and commission of $1,001 made it a grand total of
$6,001,001 drawn on the July 26, 2010 on the Bank of Nova Scotia at 63 Robb Street in favour of Indranie Samaroo, the legal representative of the deceased, which arose from the declared estate of the deceased.
The amount of the processing fee paid to the Guyana Revenue Authority is unknown.
The legal representative of the deceased has accordingly brought this action to recover the balance of $677,892,266 due to the estate of Motee Deochand, deceased, on his closed account.
Wherefore, the plaintiff claims from the defendants the following reliefs:-
(a) The sum of $677,892,266, being balance of an amount due, owing and payable by the defendant to the  plaintiff, the legal  representative of the deceased.
This matter will shortly be heard at the Commercial Court before Mr. Justice Rishi Persaud.