Couple mistakenly denied access to bank funds
Published:Sunday | February 19, 2012 | 12:00 AM
McPherse Thompson, Assistant Editor - Business
A couple who complained that a Supreme Court freezing order was wrongfully applied to their accounts at CIBC FirstCaribbean International Bank Jamaica is seeking compensation after they were denied access to their funds for an entire weekend.
Businessman Cecil Bird Jr, and his wife Cheryl, a senior employee at the Montego Bay branch of CIBC FirstCaribbean, are also contending that they were so badly affected by the bank's action they had to seek medical and psychological treatment.
The freezing order was meant to apply to accounts held anywhere by Cecil Bird Sr - the father of Cecil Bird Jr - but he did not have one at CIBC FirstCaribbean Bank.
In a letter to the bank dated January 30, the couple, through their attorney Austin Francis, suggested that CIBC FirstCaribbean make a reasonable offer of compensation, failing which they would institute legal action.
No contact
The bank's managing director, Nigel Holness, to whom the letter was addressed, did not to respond to Sunday Business queries.
The bank's lawyers, DunnCox, represented by attorney Sabrina Cross, said the matter is being handled.
"It is a matter before the courts; we are having dialogue with their attorneys," said Cross. "We have no instructions from the bank to comment on the matter."
However, that particular issue is not the subject of any action before the courts at this time.
According to copies of court documents obtained by Sunday Business, on January 17, 2012, Justice Gayle granted an injunction restraining Cecil Anthony Bird, a real estate developer, from disposing, transferring or diminishing of assets in his name up to a value of US$1 million (about J$85 million) for a period of 28 days.
The court also ordered that Bird Sr disclose precise information about his accounts in any bank, building society or other institutions.
The application was made by attorney Weiden Daley, instructed by the firm Hart Muirhead and Fatta, on behalf of Negril-based Global Hotels Inc, which has brought an action against Bird Sr for damages.
Bird Sr will seek to set aside the freezing order when the matter comes up for hearing in the Supreme Court on March 13.
In the letter to CIBC FirstCaribbean, Francis pointed out that on Friday, January 20, the bank froze the joint accounts in the names of Cecil Bird Jr and his wife Cheryl in response to an order served on the institution by the firm Hart Muirhead Fatta.
Serious unconvenience
He also informed the bank that the freezing order revealed that Bird Sr, against whom the order was obtained, did not live at the same address as his son and daughter-in-law.
"It was, therefore, obvious that Cecil Bird (junior) and Cecil Bird (senior) is not one and the same person," the attorney said.
Furthermore, Cheryl Bird, who has been employed by the bank for the past eight years, claims that she pointed out to a manager there that Bird Sr did not have an account with FirstCaribbean International Bank.
"Notwithstanding this, your bank proceeded to freeze all accounts in the name of Cecil Bird (junior) and Cheryl Bird," Francis said.
The lawyer said the Birds were seriously inconvenienced because they were unable to access any funds from their accounts "for the entire weekend" and had to arrange for cheques drawn on those accounts to be settled by other means.
"In addition, Mrs Bird, who is a prominent member of your bank, was put through great stress, mental anguish, humiliation and defamation of character as she openly wept in the bank, having discovered that her accounts were frozen," he said.
The freezing order was reportedly lifted by Monday, January 23.
However, Francis has asked the bank to make a reasonable offer to the Birds to compensate for the action.