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FINAL NOTICE

To:

David John Hewitt trading as Bexley Insurance Centre

ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby cancels Mr
Hewitt’s Part 4A permission pursuant to section 55J of the Act.

2.
The Authority gave Mr Hewitt a Decision Notice on 2 July 2014 (the “Decision
Notice”) which notified him that the Authority had decided to take the above
action. Mr Hewitt has not referred the matter to the Tribunal within 28 days of the
date on which the Decision Notice was given to him.

DEFINITIONS

3.
The definitions below are also used in this Final Notice:

“the Act” means the Financial Services and Markets Act 2000;

David John Hewitt trading as Bexley Insurance Centre
12 August 2014

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“the Authority” means the body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority;

“Mr Hewitt” means David John Hewitt trading as Bexley Insurance Centre;

“Mr Hewitt’s Part 4A permission” means Mr Hewitt’s permission granted pursuant
to Part 4A of the Act;

“the Overdue Balance” means regulatory fees and levies owed to the Authority
totalling £3,145.22;

“RMAR” means the Retail Mediation Activities Return;

“the Threshold Conditions” means the threshold conditions set out in Schedule 6
of the Act;

“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).

REASONS FOR ACTION

4.
On the basis of the facts and matters and conclusions described in the Warning
Notice issued to Mr Hewitt dated 28 May 2014 and in the Decision Notice, it
appears to the Authority that Mr Hewitt is failing to satisfy the Threshold
Conditions, in that the Authority is not satisfied that Mr Hewitt is a fit and proper
person having regard to all the circumstances, including whether he manages his
business in such a way as to ensure that its affairs are conducted in a sound and
prudent manner.


5.
Mr Hewitt has:

a. failed to submit the RMAR for the period ended 31 October 2013;

b. failed to pay the Overdue Balance; and

c. repeatedly failed to comply promptly with the regulatory requirements to

submit RMARs and to pay fees and levies owed to the Authority (details of
these failures are set out in the Decision Notice, an extract of which is
attached to and forms part of this Final Notice).

6.
Mr Hewitt has not been open and co-operative in all his dealings with the
Authority, in that he has failed to respond to the Authority’s repeated requests for
him to submit RMARs and to pay fees and levies owed to the Authority, and has
thereby failed to comply with Principle 11 of the Authority’s Principles for
Businesses and to satisfy the Authority that he is ready, willing and organised to
comply with the requirements and standards under the regulatory system.

7.
These failures lead the Authority to conclude that Mr Hewitt has failed to manage
his business in such a way as to ensure that its affairs are conducted in a sound
and prudent manner, and that he is not a fit and proper person, and that he is
therefore failing to satisfy the Threshold Conditions in relation to the regulatory
activities for which Mr Hewitt has had a permission.

David John Hewitt trading as Bexley Insurance Centre
12 August 2014

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DECISION MAKER

8.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.

IMPORTANT

9.
This Final Notice is given to Mr Hewitt in accordance with section 390(1) of the
Act.

PUBLICITY

10.
Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of
information about the matter to which this Final Notice relates. Under those
provisions, the Authority must publish such information about the matter to which
this Final Notice relates as the Authority considers appropriate. The information
may be published in such manner as the Authority considers appropriate.
However, the Authority may not publish information if such publication would, in
the opinion of the Authority, be unfair to Mr Hewitt or prejudicial to the interests
of consumers.

11.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.

AUTHORITY CONTACT

12.
For more information concerning this matter generally, please contact Dilip
Vekariya at the Authority (direct line: 020 7066 5520).

John Kirby
Enforcement and Financial Crime Division

David John Hewitt trading as Bexley Insurance Centre
12 August 2014

EXTRACT FROM THE DECISION NOTICE DATED 2 JULY 2014 ISSUED BY THE
AUTHORITY TO MR DAVID JOHN HEWITT TRADING AS BEXLEY INSURANCE
CENTRE

“FACTS AND MATTERS RELIED ON

1.
Mr Hewitt was authorised by the Authority on 14 January 2005 to conduct
insurance mediation business.

2.
Mr Hewitt has, since June 2012, repeatedly failed to submit promptly his RMAR.
As set out in Table A below, Mr Hewitt has failed to submit his last four RMARs on
time (or at all). In particular, two of these RMARs were late by a significant period
of 118 and 147 days respectively.

Table A

Return
period end
date

RMAR due
date

Enforcement
referral
accepted date

RMAR
submission
date

Days late

30/04/2012
14/06/2012 23/08/2012
15/10/2012
118 days

31/10/2012
12/12/2012 N/A
Outstanding
567 days (as at
02 July 2014)

30/04/2013
13/06/2013 19/08/2013
07/11/2013
147 days

31/10/2013
12/12/2013 31/03/2014
Outstanding
202 days (as at
02 July 2014)

3.
Further, as a result Mr Hewitt has been referred to Enforcement on two previous
occasions – in August 2012 and August 2013. On both referrals, Mr Hewitt only
took steps to comply after formal proceedings to cancel his permission had
commenced.

Regulatory Fees and Levies

4.
Mr Hewitt has also, since July 2012, repeatedly failed to pay promptly fees and
levies owed to the Authority, as set out in Table B below. Mr Hewitt has failed to
pay promptly (or at all) all of his last six invoices. In particular, Mr Hewitt has
been late in paying his last two annual Authority periodic fees and levies. The
periodic fees and levies for 2012/2013 were paid 312 days late.

Table B

Invoice date
Invoice
amount

Payment
due date

Date paid
Days late

29/06/2012
£2,063.76 29/07/2012
06/06/2013
312 days

04/07/2012
£250.00 03/08/2012
06/06/2013
307 days

08/01/2013
£250.00 07/02/2013
Outstanding
510 days (as at 02
July 2014)

08/07/2013
£250.00 07/08/2013
Outstanding
329 days (as at 02
July 2014)

25/08/2013
£2,645.22 25/10/2013
Outstanding
250 days (as at 02
July 2014)

21/01/2014
£250.00 20/02/2014
12/03/2014
23 days

David John Hewitt trading as Bexley Insurance Centre
12 August 2014

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5.
Further, as a result Mr Hewitt has been referred to Enforcement on one occasion,
in January 2013. On this occasion, regulatory enforcement action was taken but
subsequently discontinued as Mr Hewitt made belated payment of the
outstanding fees. However, Mr Hewitt only took steps to comply after formal
proceedings to cancel his permission had commenced.”

END OF EXTRACT