Banking Sector: Fraudulent Accounts

Alister Jack Excerpts

Tuesday 5th December 2017 Westminster Hall

[Mrs Maria Miller (Basingstoke) (Con)]

I beg to move,

That this House has considered fraudulent accounts and the banking sector.

It is an absolute pleasure to serve under your chairmanship, Mr Hollobone, for the first time that I can recall. I hope we have a full and useful debate.

More than two years ago, a constituent approached me about having been the victim of banking fraud. I called this debate because I have been unable to get the spider’s web of organisations with responsibility for making our banking system safe to act in the best interests of my constituent and bring to justice the perpetrators of a fraud that has left him £13,500 poorer.

The British banking system is one of the most advanced in the world, with an apparent cornucopia of legislation to give customers a comfort blanket of trust. My constituent fell victim to a simple fraud, paying £13,500 into the British high street bank account of an individual who had undertaken to deliver services that my constituent never received.

My constituent, under the impression that this country’s extensive money laundering regulations meant that bank accounts could be opened only by legitimate individuals with established UK addresses, reported the crime to the police when it became clear that the services that he paid for would not be provided, and that he had been the subject of a fraud. He was told by the police that available information about the person who opened the bank account was insufficient for them to proceed with their inquiries, and that the bank account involved had been opened with a provisional driving licence. Following cursory police investigations, it became immediately clear that the individual concerned had never lived at the address supplied to the bank when the account was opened. Indeed, the address given was incomplete.

To this day, Lloyds bank insists that it made no errors in allowing the opening of the bank account used to defraud my constituent, even though the police have confirmed that the suspect has never resided at the address given to Lloyds. Furthermore, for more than a year afterward, the Met police did not pursue inquiries into the crime because they thought, erroneously, that Lloyds would not give them the account opening information that they needed to pursue more thoroughly the criminal involved. In fact, that information had already been given to another police force in Bedfordshire. By the time the error was established, the case was a year old and lines of inquiry were cold.

I have spent two years being handed from one organisation to another in the attempt to have this case properly investigated. I hope that my hon. Friend the Minister can explain how Lloyds can be held to account for the situation. Is he content that a bank account can be opened without a valid postal address for the applicant? Is that not in breach of money laundering regulations? I am not a lawyer, but I have read the regulations, and it would seem so.

The police thought that Lloyds would not divulge the application details, yet they found a year on that that was not the case. Why is there no established protocol for banks and police to follow in fraud cases such as this? Which organisation is responsible for ensuring that Lloyds complied with money laundering regulations when, as a result of the bank’s actions, there is insufficient information for the police to investigate possible criminal money laundering breaches? Is it perhaps time to review banks’ responsibilities when it comes to fraud, and bring them more in line with the credit card industry?

[Mr Alister Jack (Dumfries and Galloway) (Con)]

I commend my right hon. Friend on securing this debate. She mentions the credit card industry. She will be aware that the protections afforded to people using credit cards are far greater than those afforded to people using debit cards or making online transfers. Does she agree that those protections should be extended to forms of banking other than just credit cards?

[Mrs Miller]

My hon. Friend is absolutely right to bring up that inconsistency in how financial consumer protection works. Many people would be taken aback to understand how little protection they might have on a bank account money transfer when, if they simply used credit cards, they would be far more protected. The difference seems reflective of the situation in the past when credit cards were set up, when they might have been seen as a much riskier proposition. The evidence that I am giving suggests that banks are also a bit of a risky proposition when it comes to fraud. He makes an excellent point.

The cost of fraud across payment cards, remote banking and cheques to banking customers and share- holders was more than £768 million last year, involving almost 2 million separate cases. Given the scale of the problem, it is little wonder that the police are not always in a position to act.

For the past two years, I have done all that I can to get justice for my constituent, only to be passed around a bewildering array of organisations. Lloyds bank says that it made no error, yet the police say that the individual who opened the account never lived at the account opening address. The ombudsman says that it cannot investigate how an account was opened, the Financial Conduct Authority tells me that it does not investigate individual cases and Action Fraud and the National Fraud Intelligence Bureau do not investigate crime, it appears, but pass it to the relevant police force. Who exactly ensures that money laundering regulations are followed, and that banks allow new accounts to be opened only with proper evidence of identity and residence?

In this case, the police are clear: their investigation shows that the person who opened the account never resided at the address. I feel trapped in a Catch-22 situation. Lloyds allowed inaccurate information to be used to open an account, but because the identity evidence that Lloyds collected is so poor, the police have no grounds to do anything further, and it appears that only the police can take action to enforce money laundering regulations. The Payment Systems Regulator has admitted that bank fraud is causing customers harm and the industry is not doing enough, and that banks could be doing far more to identify fraudulent payments, but has rejected calls to put more pressure on banks to prevent fraud by making them responsible for reimbursing victims, as is the case with credit card fraud. At a time when the payments industry can spot credit card fraud using algorithms, surely we can expect banks to properly check the ID of their customers.

Financial Fraud Action UK, an industry body, is calling for the payments industry to be more transparent about the scale of the problem and to take a common approach to how frauds are handled. Which?, the consumer magazine, is also clear that banks should shoulder more responsibility for money lost due to fraud, but they need to be incentivised to do so and to focus more on detecting and preventing fraud.

Failure to check account opening details correctly is a serious criminal offence, with a criminal penalty to match. The banking code is clear that documents must prove ID and address. The police say that the reason their investigation is not ongoing is that the person involved never lived at that address, yet no one appears to be willing to hold Lloyds to account, perhaps because the evidence available does not meet the criminal standard of proof.

Will the Minister explain why my constituent should be satisfied? Surely Lloyds has breached its own anti-fraud requirements. Lloyds closed the account because of fraud. In correspondence with me, the bank has admitted that a provisional driving licence was used, but will not confirm what other information was used and why it failed to check the address, given that it was incomplete. Lloyds allowed a fraudulent account to be opened and there appears to be a reasonable case for saying that that is a breach of money laundering regulations. Will the Minister investigate, or at least tell me who might investigate? I have tried for two years, but I simply cannot find out who that might be.

Some cases similar to my constituent’s have received compensatory payments from other high street banks because of the investigative journalism of somebody at The Daily Telegraph. I find it a miserable state of affairs when we rely on journalists’ intrepid work to ensure that our banking system is fair and accountable.

In February 2016, the Home Secretary, now the Prime Minister, established a fraud taskforce. Can the Minister update the House on what has been done through that taskforce to stop banks allowing accounts to be opened fraudulently? My constituent, who quite rightly wants to protect his privacy, needs to have justice, but he also wants his experience to lead to changes that will help to stop this situation happening to many other people.