Final Notice
FINAL NOTICE
To:
Fabulous Flooring (South Yorkshire) Ltd (Previously Madey
Limited)
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against FFL.
2.
The Authority issued to FFL the Decision Notice which notified FFL that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel FFL’s Part 4A permission.
3.
FFL 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 FFL’s Part 4A permission.
Fabulous Flooring (South Yorkshire) Ltd 4 May 2018
Final Notice
Page 2
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;
“the Decision Notice” means the Decision Notice issued by the Authority to FFL
dated 8 March 2018;
“FFL” means Fabulous Flooring (South Yorkshire) Ltd;
“FFL’s Part 4A permission” means the permission granted by the Authority to FFL
pursuant to Part 4A of the Act;
“the Principles” means the Authority’s Principles for Businesses;
“the Returns” means CCR003 (Lenders) and CCR007 (key data) returns for the
period ended 31 March 2017, which FFL was due to submit to the Authority by 17
May 2017;
“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 FFL
dated 6 February 2018.
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 FFL is failing to
satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that FFL is a fit and proper person having regard to all the circumstances,
including whether FFL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
FFL has failed comply with the regulatory requirement to submit the Returns and
pay the Overdue Balance. FFL has not been open and co-operative in all its
dealings with the Authority, in that FFL has failed to respond to the Authority’s
repeated requests for it to submit the Returns and 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 failures, which are significant in the context of FFL’s suitability, lead the
Authority to conclude that FFL 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 was granted a Part 4A
permission.
Fabulous Flooring (South Yorkshire) Ltd 4 May 2018
Final Notice
Page 3
DECISION MAKER
9.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.
IMPORTANT
10.
This Final Notice is given to FFL 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 FFL 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 Funmi Ojo
at the Authority (direct line: 020 7066 1354).
Anna Couzens
Enforcement and Market Oversight Division