Final Notice

On , the Financial Conduct Authority issued a Final Notice to B-Assured Financial Services Limited

___________________________________________________________________________


FINAL NOTICE

___________________________________________________________________________


To:

B-Assured Financial Services Limited

FRN:
456510

Of:

156 Main Street


Barrhead


Glasgow


G78 1SG

Date:
14 April 2011


TAKE NOTICE: The Financial Services Authority of 25, The North Colonnade,
Canary Wharf, London E14 5HS (“the FSA”) gives B-Assured Financial Services
Limited (“B-Assured”) final notice that the FSA has taken the following action:

1.
THE ACTION

1.1
The FSA gave B-Assured a Decision Notice dated 24 February 2010 which notified it
that pursuant to section 45 of the Financial Services and Markets Act 2000 (“the Act”)
the FSA had decided to cancel the permission granted to B-Assured pursuant to Part
IV of the Act (“B-Assured’s permission”).

1.2
On 23 March 2010, B-Assured referred the decision to the Financial Services and
Markets Tribunal, which is now the Tax and Chancery Chamber of the Upper
Tribunal (“the Tribunal”).

1.3
The Tribunal, in a written decision dated 21 March 2011, treated B-Assured’s
reference as withdrawn on the basis that the FSA agreed to an application made on 5
December 2008 by Mr Alistair Curren, B-Assured’s sole director, for its permission to
be varied to insert a requirement that B-Assured would cease conducting all regulated
activities for which it had permission, with immediate effect. B-Assured has, as a
result, carried on no regulated activity for which it has permission since that date.


1.4
The FSA hereby cancels B-Assured’s permission.

2.
REASONS FOR THE ACTION

2.1
As noted above, B-Assured has carried on no regulated activity for which it had
permission since December 2008. Further, Mr Curren, while performing significant
influence functions at B-Assured:

(1)
submitted mortgage applications to lenders on behalf of his customers in
circumstances where he knew that they contained false or misleading
information;

(2)
failed to declare as income to Her Majesty’s Revenue and Customs incentive
payments received by him from a company that he used to arrange solicitors
for his mortgage clients;

(3)
failed to ensure that B-Assured complied with an FSA requirement imposed on
it as a condition of its authorisation that Mr Curren be supervised by an
appointed locum for a period of six months;

(4)
failed to ensure that B-Assured complied with a notice served on it by the FSA
pursuant to section 166 of the Act requiring it to provide the FSA with a report
prepared by a skilled person; and

(5)
failed to perform the controlled function of CF10 (Compliance) and to take
other reasonable steps to ensure that in recommending regulated mortgage
contracts B-Assured complied with the relevant requirements and standards of
the regulatory system, as a result of which its customers were exposed to the
risk of receiving unsuitable mortgage advice.

2.2
Mr Curren represented that his failings were due to incompetence, overwork and
forgetfulness, arguments which were dismissed by the Tribunal.

3.
IMPORTANT

3.1
This Final Notice is given in accordance with section 390 of the Act.


Publicity

3.2
Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of information
about the matter to which this notice relates. Under those provisions, the FSA must
publish such information about the matter to which this notice relates as the FSA
considers appropriate. However, the FSA may not publish information if such
publication would, in the opinion of the FSA, be unfair to B-Assured or prejudicial to
the interests of consumers.

3.3
The FSA intends to publish such information about the matter to which this Final
Notice relates as it considers appropriate.


FSA contacts


3

3.4
For more information concerning this matter generally, please contact Chris
Walmsley at the FSA (Tel: 020 7066 5894 / Fax: 020 7066 5895).





Tom Spender
Head of Department
FSA Enforcement and Financial Crime Division


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