Final Notice
FINAL NOTICE
To:
D & J Roofing & Building Services Limited
The Coach House
St Mary's Business Centre
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against D & J.
2.
The Authority issued to D & J 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 D & J’s permission.
3.
D & J has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was issued to it.
4.
Accordingly, the Authority has today cancelled D & J’s 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;
D & J Roofing & Building Services Limited
8 March 2018
“D & J” means D & J Roofing & Building Services Limited;
“D & J’s Part 4A permission” means the permission granted by the Authority to D
& J pursuant to Part 4A of the Act;
“the Decision Notice” means the Decision Notice issued to D & J dated 4 January
2018;
“the Returns” means the CCR-Complaints, CCR001 (Financial Data) and CCR002
(Volumes) returns for the period ended 31 December 2016, which D & J was due
to submit to the Authority by 13 February 2017;
“the suitability Threshold Condition” means the threshold condition stated at
parapgraph 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 to D & J dated 29
November 2017.
REASONS FOR ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice issued to D & J and in the Decision Notice, it appears to the Authority that
D & J is failing to satisfy the suitability Threshold Condition, in that the Authority
is not satisfied that D & J is a fit and proper person having regard to all the
circumstances, including whether D & J managed its business in such a way as to
ensure that its affairs were conducted in a sound and prudent manner.
7.
This is because D & J has failed to comply with the regulatory requirement to
submit the Returns. D & J has not been open and co-operative in all its dealings
with the Authority, in that it has failed to respond adequately to the Authority's
repeated requests for it to submit the Returns, and has thereby failed to comply
with Principle 11 of the Authority's Principles for Businesses 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 failures, which are significant in the context of D & J’s suitability, lead the
Authority to conclude that D & J 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 D & J has had
a permission.
DECISION MAKER
9.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.
D & J Roofing & Building Services Limited
8 March 2018
IMPORTANT
10.
This Final Notice is given to D & J 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 D & J 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 Rachel
Fasanya at the Authority (direct line: 020 7066 3202).
Anna Couzens
Enforcement and Market Oversight Division