Decision Notice
On , the Financial Conduct Authority issued a Decision Notice to Daniel Hobbs Automotive Limited
NOTICE OF DECISION
ACTION
1.
For the reasons given below, the Authority has decided to cancel DHAL’s Part 4A permission.
The cancellation takes effect on 4 July 2023.
2.
The effect of the cancellation is that DHAL no longer has permission to carry on any regulated
activities.
DEFINITIONS
3.
The definitions below are used in this Notice of Decision (and in the Annex):
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
“DHAL” means Daniel Hobbs Automotive Limited;
“DHAL’s Part 4A permission” means the Part 4A permission granted by the Authority to DHAL;
“EG” means the Enforcement Guide;
“FDA” means the Firm Details Attestation which Authority-authorised firms are required to
submit to the Authority under SUP 16.10;
“FEES” means the Authority’s FEES Manual, part of the Handbook;
“FSCS” means the Financial Services Compensation Scheme;
“the Further Notice” means the further notice issued by the Authority to DHAL dated 9 June
2023;
“the general levy” means the levy a firm must pay to the Authority towards the costs of
operating the compulsory jurisdiction of the Financial Ombudsman Service;
“the Handbook” means the Authority’s Handbook of rules and guidance;
“the IML levy” means the Illegal Money Lending levy;
“the Notice” means the notice issued by the Authority to DHAL dated 22 March 2023;
“Part 4A permission” means permission to conduct regulated activities, granted by the
Authority under Part 4A of the Act;
“RAG” means regulated activity group as referred to in SUP;
“the Returns” means the CCR007 returns relating to the period from 1 January 2020 to 31
December 2022 which were due for submission on various dates between 12 February 2021
and 13 February 2023;
“SFGB Levy” means the Single Financial Guidance Body Levy;
“SUP” means the Supervision Manual, part of the Handbook; and
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).
FACTS AND MATTERS
4.
DHAL was authorised by the Authority on 22 January 2019 and has Part 4A permission to
conduct the following regulated activities in relation to consumer credit:
a) agreeing to carry on a regulated activity;
b) credit broking;
c) debt adjusting; and
d) debt-counselling.
5.
DHAL has failed to pay periodic fees and levies owed to the Authority as required under the
Handbook under the rules set out in FEES 4.2.1R, 4.3.1R, 5.7.1R, 6.7.1R, 6.7.3R, 7A.3.1R and
13.2.1R. In particular, DHAL has failed to pay an invoice dated 13 October 2020 for periodic
regulatory fees and levies of £160.33 which had been due for payment by 11 January 2021.
6.
Furthermore, under SUP 16.3.13R, 16.12.3R, SUP 16.12.4R and SUP 16.12.29CR, DHAL is
required to submit the Returns to the Authority by the relevant due date. However, DHAL has
failed to submit the Returns to the Authority. In addition, under SUP 16.10.4R, 16.10.4AR and
16.10.14AAR, DHAL is required to submit the FDA to the Authority by the relevant due date.
However, DHAL has failed to submit the FDA to the Authority.
7.
The Authority therefore considers that DHAL has failed to provide information to the Authority
as is required by the Handbook, namely the information it is required to provide in the Returns
and the FDA.
8.
On 22 March 2023, the Authority gave DHAL the Notice which stated that:
a) it appears to the Authority that DHAL is carrying on no regulated activity to which its Part
4A permission relates; and
b) the Authority may take action to cancel DHAL’s Part 4A permission unless it responds to
the Notice in the manner specified in the directions to the Notice.
9.
DHAL failed to respond to the Notice.
10.
As a result of the matters specified in paragraph 9 above, on 9 June 2023, the Authority gave
DHAL the Further Notice which stated that:
a)
the Authority considered that DHAL is carrying on no regulated activity to which its Part
4A permission relates; and
b)
the Authority proposes to cancel DHAL’s Part 4A permission on 4 July 2023 unless DHAL
takes the steps specified in the directions to the Further Notice.
11.
DHAL failed to take the steps specified in the Further Notice.
CANCELLATION OF PART 4A PERMISSION
12.
From the facts and matters described above, and having regard to paragraph 1(3) of Schedule
6A to the Act, the Authority considers that DHAL is carrying on no regulated activity to which
its Part 4A permission relates. The Authority has therefore decided to cancel DHAL’s Part 4A
permission. The cancellation of DHAL’s Part 4A permission takes effect on 4 July 2023.
13.
The statutory and regulatory provisions relevant to this Notice of Decision are set out in the
Annexes.
PROCEDURAL MATTERS
14.
This Notice of Decision is given to DHAL under paragraph 3 of Schedule 6A to the Act (variation
or cancellation of Part 4A permission on initiative of FCA: additional power).
The following paragraphs are important.
Annulment of the Authority’s decision
15.
If DHAL is aggrieved by the decision to cancel its Part 4A permission as set out in this Notice
of Decision, DHAL may make an application for an annulment of the Authority’s decision under
paragraph 4 of Schedule 6A to the Act.
16.
DHAL must submit a completed application for an annulment of the Authority’s decision to the
Authority by 3 July 2024 and in the manner specified by the Authority.
The Tribunal
17.
DHAL does not have a right to refer the decision to give this Notice of Decision to the Tribunal.
18.
The Authority intends to publish such information about the matter to which this Notice of
Decision relates as the Authority considers appropriate. The information may be published in
such manner as the Authority considers appropriate.
19.
For more information concerning this matter generally, DHAL should contact Ogechi Chigbo
(direct line: 020 7066 4827).
Jeremy Parkinson
Enforcement and Market Oversight Division
ACTION
1.
For the reasons given below, the Authority has decided to cancel DHAL’s Part 4A permission.
The cancellation takes effect on 4 July 2023.
2.
The effect of the cancellation is that DHAL no longer has permission to carry on any regulated
activities.
DEFINITIONS
3.
The definitions below are used in this Notice of Decision (and in the Annex):
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the Financial Conduct Authority;
“DHAL” means Daniel Hobbs Automotive Limited;
“DHAL’s Part 4A permission” means the Part 4A permission granted by the Authority to DHAL;
“EG” means the Enforcement Guide;
“FDA” means the Firm Details Attestation which Authority-authorised firms are required to
submit to the Authority under SUP 16.10;
“FEES” means the Authority’s FEES Manual, part of the Handbook;
“FSCS” means the Financial Services Compensation Scheme;
“the Further Notice” means the further notice issued by the Authority to DHAL dated 9 June
2023;
“the general levy” means the levy a firm must pay to the Authority towards the costs of
operating the compulsory jurisdiction of the Financial Ombudsman Service;
“the Handbook” means the Authority’s Handbook of rules and guidance;
“the IML levy” means the Illegal Money Lending levy;
“the Notice” means the notice issued by the Authority to DHAL dated 22 March 2023;
“Part 4A permission” means permission to conduct regulated activities, granted by the
Authority under Part 4A of the Act;
“RAG” means regulated activity group as referred to in SUP;
“the Returns” means the CCR007 returns relating to the period from 1 January 2020 to 31
December 2022 which were due for submission on various dates between 12 February 2021
and 13 February 2023;
“SFGB Levy” means the Single Financial Guidance Body Levy;
“SUP” means the Supervision Manual, part of the Handbook; and
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).
FACTS AND MATTERS
4.
DHAL was authorised by the Authority on 22 January 2019 and has Part 4A permission to
conduct the following regulated activities in relation to consumer credit:
a) agreeing to carry on a regulated activity;
b) credit broking;
c) debt adjusting; and
d) debt-counselling.
5.
DHAL has failed to pay periodic fees and levies owed to the Authority as required under the
Handbook under the rules set out in FEES 4.2.1R, 4.3.1R, 5.7.1R, 6.7.1R, 6.7.3R, 7A.3.1R and
13.2.1R. In particular, DHAL has failed to pay an invoice dated 13 October 2020 for periodic
regulatory fees and levies of £160.33 which had been due for payment by 11 January 2021.
6.
Furthermore, under SUP 16.3.13R, 16.12.3R, SUP 16.12.4R and SUP 16.12.29CR, DHAL is
required to submit the Returns to the Authority by the relevant due date. However, DHAL has
failed to submit the Returns to the Authority. In addition, under SUP 16.10.4R, 16.10.4AR and
16.10.14AAR, DHAL is required to submit the FDA to the Authority by the relevant due date.
However, DHAL has failed to submit the FDA to the Authority.
7.
The Authority therefore considers that DHAL has failed to provide information to the Authority
as is required by the Handbook, namely the information it is required to provide in the Returns
and the FDA.
8.
On 22 March 2023, the Authority gave DHAL the Notice which stated that:
a) it appears to the Authority that DHAL is carrying on no regulated activity to which its Part
4A permission relates; and
b) the Authority may take action to cancel DHAL’s Part 4A permission unless it responds to
the Notice in the manner specified in the directions to the Notice.
9.
DHAL failed to respond to the Notice.
10.
As a result of the matters specified in paragraph 9 above, on 9 June 2023, the Authority gave
DHAL the Further Notice which stated that:
a)
the Authority considered that DHAL is carrying on no regulated activity to which its Part
4A permission relates; and
b)
the Authority proposes to cancel DHAL’s Part 4A permission on 4 July 2023 unless DHAL
takes the steps specified in the directions to the Further Notice.
11.
DHAL failed to take the steps specified in the Further Notice.
CANCELLATION OF PART 4A PERMISSION
12.
From the facts and matters described above, and having regard to paragraph 1(3) of Schedule
6A to the Act, the Authority considers that DHAL is carrying on no regulated activity to which
its Part 4A permission relates. The Authority has therefore decided to cancel DHAL’s Part 4A
permission. The cancellation of DHAL’s Part 4A permission takes effect on 4 July 2023.
13.
The statutory and regulatory provisions relevant to this Notice of Decision are set out in the
Annexes.
PROCEDURAL MATTERS
14.
This Notice of Decision is given to DHAL under paragraph 3 of Schedule 6A to the Act (variation
or cancellation of Part 4A permission on initiative of FCA: additional power).
The following paragraphs are important.
Annulment of the Authority’s decision
15.
If DHAL is aggrieved by the decision to cancel its Part 4A permission as set out in this Notice
of Decision, DHAL may make an application for an annulment of the Authority’s decision under
paragraph 4 of Schedule 6A to the Act.
16.
DHAL must submit a completed application for an annulment of the Authority’s decision to the
Authority by 3 July 2024 and in the manner specified by the Authority.
The Tribunal
17.
DHAL does not have a right to refer the decision to give this Notice of Decision to the Tribunal.
18.
The Authority intends to publish such information about the matter to which this Notice of
Decision relates as the Authority considers appropriate. The information may be published in
such manner as the Authority considers appropriate.
19.
For more information concerning this matter generally, DHAL should contact Ogechi Chigbo
(direct line: 020 7066 4827).
Jeremy Parkinson
Enforcement and Market Oversight Division