Final Notice
On , the Financial Conduct Authority issued a Final Notice to Blue Castle Home Improvements Limited
1
FINAL NOTICE
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Blue Castle Home Improvements Limited.
2.
The Authority issued to Blue Castle Home Improvements Limited the Decision
Notice which notified it that for the reasons given below and pursuant to section
55J of the Act, the Authority had decided to cancel Blue Castle Home Improvements
Limited’s Part 4A permission.
3.
Blue Castle Home Improvements Limited has not referred the matter to the
Tribunal within 28 days of the date on which the Decision Notice was given to it.
4.
Accordingly, the Authority has today cancelled Blue Castle Home Improvements
Limited’s Part 4A permission.
DEFINITIONS
5.
The definitions below are used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
2
“BCHIL” means Blue Castle Home Improvements Limited;
“BCHIL’s Part 4A permission” means the permission granted by the Authority to
BCHIL pursuant to Part 4A of the Act;
“the Decision Notice” means the Decision Notice issued by the Authority to BCHIL
dated 17 May 2023;
“the Overdue Balance” means the outstanding sum of £566.52 owed by BCHIL to
the Authority comprising an invoice dated 10 July 2019 for regulatory fees and levies
of £156.19 for the period 1 April 2019 to 31 March 2020 which was due for payment
by 9 August 2019; An invoice dated 10 October 2019 for non submission of
regulatory return of £250.00 which had been due for payment by 9 November 2019;
and an invoice dated 5 August 2020 for regulatory fees and levies of £160.33 for
the period 1 April 2020 to 31 March 2021 which was due for payment by 3 November
2020;
“the Principles” means the Authority’s Principles for Businesses;
“the suitability Threshold Condition” means the threshold condition set out in
paragraph 2E of Schedule 6 to the Act;
“the Threshold Conditions” means the threshold conditions set out in Schedule 6 to
the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and
“the Warning Notice” means the Warning Notice issued by the Authority to BCHIL
dated 18 April 2023.
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice, and in the Decision Notice, it appears to the Authority that BCHIL is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that BCHIL is a fit and proper person having regard to all the circumstances,
including whether BCHIL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
BCHIL has failed to pay the Overdue Balance and it has not been open and co-
operative in all its dealings with the Authority, in that BCHIL has failed to respond
to the Authority’s repeated requests for it to pay the Overdue Balance, and has
thereby failed to comply with Principle 11 of the Principles and to satisfy the
Authority that it is ready, willing and organised to comply with the requirements
and standards of the regulatory system.
8.
These failings, which are significant in the context of BCHIL’s suitability, lead the
Authority to conclude that BCHIL has failed to manage its business in such a way
as to ensure that its affairs are conducted in a sound and prudent manner, that it
is not a fit and proper person, and that it is therefore failing to satisfy the Threshold
Conditions in relation to the regulated activities for which it has had a Part 4A
permission.
DECISION MAKER
9.
The decision which gave rise to the obligation to give this Final Notice was made by
an Authority staff member under executive procedures.
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IMPORTANT
10.
This Final Notice is given to BCHIL in accordance with section 390(1) of the Act.
Publicity
11.
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 BCHIL or prejudicial to the interest of consumers.
12.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
Authority contact
13.
For more information concerning this matter generally, please contact Loktuz
Zaman at the Authority (direct line: 020 7066 0601).
Jeremy Parkinson
Enforcement and Market Oversight Division
FINAL NOTICE
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Blue Castle Home Improvements Limited.
2.
The Authority issued to Blue Castle Home Improvements Limited the Decision
Notice which notified it that for the reasons given below and pursuant to section
55J of the Act, the Authority had decided to cancel Blue Castle Home Improvements
Limited’s Part 4A permission.
3.
Blue Castle Home Improvements Limited has not referred the matter to the
Tribunal within 28 days of the date on which the Decision Notice was given to it.
4.
Accordingly, the Authority has today cancelled Blue Castle Home Improvements
Limited’s Part 4A permission.
DEFINITIONS
5.
The definitions below are used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
2
“BCHIL” means Blue Castle Home Improvements Limited;
“BCHIL’s Part 4A permission” means the permission granted by the Authority to
BCHIL pursuant to Part 4A of the Act;
“the Decision Notice” means the Decision Notice issued by the Authority to BCHIL
dated 17 May 2023;
“the Overdue Balance” means the outstanding sum of £566.52 owed by BCHIL to
the Authority comprising an invoice dated 10 July 2019 for regulatory fees and levies
of £156.19 for the period 1 April 2019 to 31 March 2020 which was due for payment
by 9 August 2019; An invoice dated 10 October 2019 for non submission of
regulatory return of £250.00 which had been due for payment by 9 November 2019;
and an invoice dated 5 August 2020 for regulatory fees and levies of £160.33 for
the period 1 April 2020 to 31 March 2021 which was due for payment by 3 November
2020;
“the Principles” means the Authority’s Principles for Businesses;
“the suitability Threshold Condition” means the threshold condition set out in
paragraph 2E of Schedule 6 to the Act;
“the Threshold Conditions” means the threshold conditions set out in Schedule 6 to
the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and
“the Warning Notice” means the Warning Notice issued by the Authority to BCHIL
dated 18 April 2023.
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice, and in the Decision Notice, it appears to the Authority that BCHIL is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that BCHIL is a fit and proper person having regard to all the circumstances,
including whether BCHIL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
BCHIL has failed to pay the Overdue Balance and it has not been open and co-
operative in all its dealings with the Authority, in that BCHIL has failed to respond
to the Authority’s repeated requests for it to pay the Overdue Balance, and has
thereby failed to comply with Principle 11 of the Principles and to satisfy the
Authority that it is ready, willing and organised to comply with the requirements
and standards of the regulatory system.
8.
These failings, which are significant in the context of BCHIL’s suitability, lead the
Authority to conclude that BCHIL has failed to manage its business in such a way
as to ensure that its affairs are conducted in a sound and prudent manner, that it
is not a fit and proper person, and that it is therefore failing to satisfy the Threshold
Conditions in relation to the regulated activities for which it has had a Part 4A
permission.
DECISION MAKER
9.
The decision which gave rise to the obligation to give this Final Notice was made by
an Authority staff member under executive procedures.
3
IMPORTANT
10.
This Final Notice is given to BCHIL in accordance with section 390(1) of the Act.
Publicity
11.
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 BCHIL or prejudicial to the interest of consumers.
12.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
Authority contact
13.
For more information concerning this matter generally, please contact Loktuz
Zaman at the Authority (direct line: 020 7066 0601).
Jeremy Parkinson
Enforcement and Market Oversight Division