 SUBMISSIONS BY THE PARTIES |
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On 15 October 1997, the Claimant, [Name], submitted a claim form through the ATAG Ernst & Young Dormant Account Contact Office. The Claimant stated that he is entitled to this account because the Account Holder was his father's cousin. In support of his claim, the Claimant provided a copy of his driver's license.
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On 16 March 1998, the bank holding the account submitted its response. The bank declined to disclose to the Claimant its identity and the amount in the account on the grounds that the Claimant did not provide sufficient information or documentation regarding his connection to the Account Holder. The bank provided copies of what it confirmed to be all of its existing account records, including account statements dating back to the 1930s.
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In a letter dated 24 June 1998, the Tribunal requested the Claimant to provide additional information in support of his claim, including a specific address in Lodz where his father's cousin resided; copies of family letters from or relating to his father's cousin; and the whereabouts of his father's cousin at the present.
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In a letter dated 27 July 1998, the Claimant replied to the Tribunal's request for further information. The Claimant stated that although he knows that his father's cousin resided in Lodz, he cannot provide any specific address in Lodz. The Claimant further stated that he knows his father corresponded with his cousin, but does not have any letters or other documents in his possession.
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In a letter dated 27 October 1998, the Tribunal replied to the Claimant's letter and further requested that the Claimant provide information as to whether his father's cousin, [Name], was a man or a woman, and whether [Name] was the cousin's full name or an abbreviation of a longer name.
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After receiving no reply from the Claimant, on 26 March 1999, the Legal Secretary assigned to the claim, Ms. Judith Meisels, telephoned the Claimant regarding the 27 October 1998 request for information. In the phone conversation the Claimant stated that since his father never mentioned whether [his cousin] was a male or female, he discussed the matter with his elderly cousin, Ms. M.G. Ms. G. first stated that [Name] was a man, who was a trader in horses and cattle. However, Ms. G. then went on to say that [Name] was actually a woman, whose full name was S. or A. neé F. and [Name] was merely a nickname.
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On 29 March 1999, the Claimant phoned the Tribunal and informed the Legal Secretary, Ms. Meisels, that upon further reflection he believes that [his father's cousin] was a man, who worked as a gold and silver trader.
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| CONSIDERATIONS |
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Under Article 10 (ii), of the Rules, the Arbitrator is required to disclose to the Claimant the name of the bank and the amount in the account unless the Arbitrator determines that it is apparent that the Claimant is not entitled to the account.
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In this case, although the Claimant has asserted a connection to a relative whom he believes to be the Account Holder, it now appears that this relative and the Account Holder are not the same person. The Claimant states that the Account Holder was his father's male cousin, [Name], who resided in Lodz and also in Kielce and worked as a trader in gold and silver. In contrast, the bank records clearly indicate that the Account Holder was a woman. It is therefore apparent that the Claimant is not entitled to the Account.
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As a separate matter, the Claimant might be interested to know that another claimant who states that he is the son of the Account Holder has submitted a claim to this account. This other claimant has provided information which matches unpublished details contained within the bank records.
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| DECISION |
Based on the above considerations, the Arbitrator decides:
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1.
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Pursuant to Article 10 (ii) of the Rules, the name of the bank and the amount in the account will not be disclosed to the Claimant and, subject to paragraph 2 of this Decision (below), the claim cannot be accepted for further processing. |
2.
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Pursuant to Article 10 of the Rules, the Claimant may re-submit the claim for consideration by a three-Arbitrator Claims Panel within 30 days of receipt of this Decision. Any resubmission should be addressed to the Claims Resolution Tribunal, Löwenstrasse 17, P.O.Box 7589, 8023 Zürich, Switzerland. |
3.
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This Decision shall be sent to the Claimant and the bank by registered mail against receipt. |
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13 April 1999
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Sole Arbitrator:
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[signature]
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The Rt. Hon. The Lord Higgins K.B.E.D.L.
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