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Why money laundering rules just won't wash

Why money laundering rules just won't wash



Nine-year-old Tor Webster doesn't look like the sort of chap who would try to set up a money laundering operation? What about his grandmother, Carmen Barnes? Maybe she's the brains behind the scheme?

Mrs Barnes, from Bath, simply wanted to open a £10 savings account for Tor. She consulted Jobs & Money's "best buy" tables. Saffron Walden Building Society Ladybird Account was top of the list, and she sent off for details.

What followed was several months of increasingly bizarre to-ing and fro-ing with the Saffron Walden, as Mrs Barnes tried to prove that Tor was, indeed, her grandson. Eventually she gave up, convinced the only thing the society would accept would be a utility bill in the boy's name - rather hard for a nine-year old.

But this is not just about Mrs Barnes and Master Webster. Every day people who want to open an account are rejected, victims of the Money Laundering Regulations 2003 (which actually came into force last year).

They require banks and building societies to establish the identity, and confirm the address, of anyone opening a bank account. However, there is growing evidence that some organisations are applying them in a way that makes it almost impossible for some customers to open a new account.

Mrs Barnes sent off the required documents to open the account - completed forms, a passport, birth certificate and utility bills - three times. Each time they were returned. Ultimately, Saffron Walden staff.....continued below

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refused to accept that her grandson is who she says he is.

The first time the forms were returned because the local postmaster had only signed the copies of the birth certificate (to confirm they were genuine) once. Further signatures were obtained. The forms were rejected again, because the utility bills were more than three months old, despite the fact one was a water bill issued annually.

"My husband rang and was assured it would all happen without a problem," she says. "I was astounded when, a few days later, the form was returned for the third time because my grandson has a different surname to his grandmother. You won't be surprised to learn he doesn't have any utility bills in his name."

At that point she went to Halifax which opened an account without any problem while "SWBS made it as difficult as they possibly could". Andy Golding, Saffron Walden BS's marketing director, says it has opened thousands of Ladybird accounts. "We have reviewed the brochure to make the wording of the ID section clearer and easier to follow. We will re-train our account opening staff to ensure the changes are correctly delivered," he adds.

One of the problems is the need to produce a recent utility bill to confirm your address. The money laundering regulations state that it has to be "recent", which the SWBS interprets as no more than three months old.

"We consider 'inside three months' to be not out of line with current market practice. We do state that an annual bill, such as a council tax bill, should be valid for the current year," says Mr Golding.

Later we went into High Street branches of both NatWest and HSBC, which merely asked to see a passport, driving licence - plus one "recent" utility or council bill. NatWest says in its literature that its staff will accept utility bills that are up to six months old. It should be noted that most financial organisations will not accept a mobile phone bill as proof of address.

As Tor - or Master Webster as the SWBS kept referring to him in letters - discovered, it is very difficult to set up a bank account if you don't pay for your own utilities. Those recently arrived in the UK, those who still live with their parents or other relatives, or those in accommodation that includes all bills, can really struggle to prove where they live - particularly if the institution takes the Saffron Walden-esque interpretation of the rules.

Anyone living with a partner, where all the bills are in their partner's name, may struggle to prove where they live, particularly if they have recently moved house, or don't share the same surname.

According to Anna Sofat, director of London-based Independent financial advisers Destini Fiona Price, there is no standard format to tell companies how they should interpret the regulations.

"We deal with hundreds of different financial institutions and they all interpret them in different ways.

"Some are happy to let us establish our clients' identities and fill in a form to show we have done so. Most are happy to accept certified copies of passports and other documents, but others will demand to physically see it.

"The whole thing has become a bit of a nightmare since the regulations changed in 2004 - you soon learn from painful experience which companies take a more flexible approach and which don't.

"In our experience insurers are easier to deal with, while some of the banks are very rigid and can be an absolute nightmare," she says.

One reason why the banks are taking such a strict approach to the money laundering rules may be because the Financial Services Authority has already slapped fines on Abbey (£2.3m), Bank of Scotland (£1.25m) and Northern Bank (£1.25m) for breaches of the rules.

One of the more bizarre aspects of the regulations is the importance which is attached to utility bills.

There's nothing to stop anyone ringing up a power company and telling them they have just moved into an address, and the power company will be only too happy to sign the person up and bill them accordingly. Some will start billing you even if you haven't asked them to. Certainly no serious money launderer would have any problem getting their hands on a utility bill in this way.

Perhaps the banks and building societies would be better advised looking for unusual payment patterns rather than denying children like Tor, a market-leading return on their £45 savings.

Sharing these mutual problems

Mrs Barnes and her grandson aren't the only ones who have had problems with the Saffron Walden Herts & Essex BS.

Members of my family have had a number of accounts with the mutual society since they moved to the Essex town in 1979, and yet they have had endless problems opening child accounts for each of my two, and my sister's four children.

They, like grandparents across the country, pay small amounts into their grandchildren's accounts on birthdays, Christmas and the like.

However, when my sister and her husband moved to Italy, and she gave birth to her fourth child, it almost proved too much for local staff at the building society. Although my sister sent over the birth certificate, coupled with all the required proof of identity, including utility bills, staff initially refused to open an account.

Despite several visits and phone calls - they'd sent all the bills they had - my mother was told that the Italian telephone bill was not sufficient proof. Only when she pointed out that she, the child's three other siblings, his two cousins, and his uncle all had accounts with the society, did finally they agree to look at it.

Only after a long consultation that went up to director level did they finally agree to open a Ladybird account - and only then, because the other three children already had accounts.

Guardian Unlimited © Guardian Newspapers Limited 2005

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