FINAL NOTICE

The Directors
Inter Claims Ltd
43 Hawthorn Avenue
Rainham
Essex
RM13 9AT


ACTION

1. By an application dated 31 July 2019 (“the Application”), Inter Claims Ltd (“Inter

Claims”) applied under section 55A of the Act) for Part 4A permission to carry on
the regulated activities of:

a. agreeing to carry on a regulated activity;

b. seeking out, referrals and identification of claims or potential claims

(personal injury claim; financial services or financial product claim;
housing disrepair claim; claim for a specified benefit; criminal injury
claim; employment related claim);

c. advice, investigation or representation in relation to a personal injury

and criminal injury claim

2. The Application is incomplete.

3. For the reasons listed below, the Authority has refused the Application.

SUMMARY OF REASONS

4. By its Warning Notice dated 9 June 2020 the Authority gave notice that it proposed

to refuse the Application and that Inter Claims was entitled to make representations
to the Authority about that proposed action.

5. As no representations were received by the Authority from Inter Claims within the

time allowed by the Warning Notice, the default procedures in paragraph 2.3.2 of
the Authority’s Decision Procedure and Penalties Manual applied, permitting the
Authority to treat the matters referred to in its Warning Notice as undisputed and,
accordingly, to give a Decision Notice.

6. By its Decision notice dated 17 July 2020, the Authority gave Inter Claims notice

that it had decided to take the action described above.

7. Inter Claims had 28 days from the date the Decision Notice was given to refer the

matter to the Tribunal. No referral was made to the Tribunal within this period of
time or to date.

8. Under section 390(1) of the Act, the Authority, having decided to refuse the

Application and there having been no reference of that decision to the Tribunal,
must give Inter Claims a final notice of its refusal.

9. Inter Claims failed to respond to six separate requests for the provision of

information considered by the Authority to be necessary to allow the Application to
be determined. These requests were made over a six-week period and the last
three requests included a statement to the effect that Inter Claims must contact
the Authority, or the Authority would recommend to the Authority’s Regulatory
Transactions Committee that Inter Claims receive a Warning Notice.

10. The Authority has therefore determined the Application based upon the information

received to date, in circumstances where its requests for information have not been
met. Having reviewed that information, the Authority cannot ensure that Inter
Claims satisfies, and will continue to satisfy, the threshold conditions for which the
Authority is responsible.

11. Authorised firms (and those seeking authorisation) are expected to engage with

the Authority in an open and cooperative way. The failure to provide the requested
information raises concerns that Inter Claims would fail to do so if the Application
were to be granted.

12. The failure to provide the information means that the Authority cannot ensure that

Inter Claims will satisfy, and continue to satisfy, the threshold conditions for which
the Authority is responsible, in relation to all the regulated activities for which Inter
Claims would have permission. In particular, the Authority cannot ensure that Inter
Claims:

a. can be effectively supervised by the Authority as required by threshold

condition 2C (Effective Supervision);

b. has appropriate human resources, given Inter Claims’ failure to provide the

Authority with the requested information as required by threshold condition
2D (Appropriate Resources); and

c. will conduct its business with integrity and in compliance with proper

standards as required by threshold condition 2E (Suitability).

DEFINITIONS

13. The definitions below are used in this Final Notice:

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

“the Application” means the application referred to in paragraph 1 above

“the Authority” means the Financial Conduct Authority

“the Decision Notice” means the Decision Notice dated 17 July 2020 given to Inter
Claims by the Authority

“the RTC” means the Authority’s Regulatory Transactions Committee

“SUP” means the Supervision section of the Authority’s handbook

“SYSC” means the Senior Management Arrangements, Systems and Controls section
of the Authority’s handbook

“the Tribunal” means the Upper Tribunal (Tax & Chancery Chamber)

“the Warning Notice” means the Warning Notice dated 9 June 2020 given to Inter
Claims by the Authority

FACTS AND MATTERS

14. The Application was received by the Authority on 31 July 2019.

15. Further information was requested from Inter Claims under section 55U(5) of the

Act.

16. Details of all relevant communications between the Authority and Inter Claims are

set out below.

17. Between 12 September 2019 and 29 January 2020, the Authority sent Inter Claims

two emails and three letters and made one phone call to elicit information from
Inter Claims that would assist The Authority in determining the Application.

18. On 12 September 2019, the Authority sent an email to Inter Claims requesting that

Inter Claims provide the following information in support of the Application by
deadline for response:

i. Vulnerable customer policy document;

ii. Pre-contractual information document;

iii. Client contract;

iv. Opening balance sheet;

v. Closing balance sheet;

vi. Projected monthly cash flow;

vii. Projected monthly profit and loss;

viii. Latest end of year accounts;

ix. Organisational Structure Chart;

x. Compliance monitoring document;

Inter Claims failed to provide the outstanding information by 26 September 2019.

19. On 22 November 2019, the Authority sent a letter to Inter Claims under cover of

an email, noting the lack of a response to its request for the information on 12
September 2019, and informing it that a failure to provide the information would
result in the Application being determined based upon the information received to
date and that this might result in a recommendation to the RTC that it issue Inter
Claims with a Warning Notice proposing to refuse the Application. Inter Claims
failed to provide the outstanding information by 9 December 2019.

20. On 10 December 2019, the Authority sent a further letter to Inter Claims by way

of email and recorded delivery, noting the lack of a response to its request for
information on 12 September 2019 and 22 November 2019, informing it that a
failure to provide the information would result in the Application being determined
based upon the information received to date and that this might result in a
recommendation to the RTC that it issue Inter Claims with a Warning Notice
proposing to refuse the Application. Inter Claims failed to provide the outstanding
information by the stated deadline of 24 December 2019.

21. On 9 January 2020, the Authority sent a third letter to Inter Claims by way of email

and recorded delivery, again noting the lack of a response to its requests for the
information and informing it that a failure to provide the information would result
in the Application being determined based upon the information received to date
and that this might result in a recommendation to the RTC that it issue Inter Claims
with a Warning Notice proposing to refuse the Application. Inter Claims failed to
provide the outstanding information by the stated deadline of 23 January 2020.

22. On 29 January 2020, the Authority tried to contact Inter Claims by telephone, using

the number provided in its application form. The number provided was incorrect
and so contact was not made.

23. To date, the Authority has received no response to its requests for information.

IMPACT ON THRESHOLD CONDITIONS

24. The regulatory provisions relevant to this Final Notice are referred to in Annex A.

25. Inter Claims has failed to respond to six separate requests for the provision of

information considered by the Authority to be necessary to allow the Application to
be determined. These requests were made over a six-week period and included a
statement to the effect that Inter Claims must contact the Authority, or the
Authority would recommend to the RTC that Inter Claims receives a Warning
Notice.

26. The Authority has therefore determined the Application based upon the information

received to date, in circumstances where its requests for information have not been
met. Having reviewed that information, the Authority cannot ensure that Inter

Claims satisfies, and will continue to satisfy, the threshold conditions for which the
Authority is responsible.

27. Authorised firms (and those seeking authorisation) are expected to engage with

the Authority in an open and cooperative way. The failure to provide the requested
information raises concerns that Inter Claims would fail to do so if the Application
were to be granted.

28. The failure to provide the information means that the Authority cannot ensure that

a. can be effectively supervised by the Authority as required by threshold

condition 2C (Effective Supervision);

b. has appropriate human resources, given Inter Claims’ failure to provide the

Authority with the requested information as required by threshold condition
2D (Appropriate Resources); and

c. will conduct its business with integrity and in compliance with proper

standards as required by threshold condition 2E (Suitability).

29. On the basis of the facts and matters described above, the Authority has concluded

that Accident Specialists will not satisfy, and continue to satisfy, the Threshold
Conditions in relation to all of the regulated activities for which Accident Specialists
would have permission if the application was granted.

IMPORTANT NOTICES

30. This Final Notice is given under section 390(1) of the Act.

31. Sections 391(4), 391(6) and 391(7) of the Act apply to the publication of

information about the matter to which this Notice relates. Under those provisions,
the Authority must publish such information about the matter to which this 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 you or prejudicial to the interests of consumers or
detrimental to the stability of the UK financial system.

32. The Authority intends to publish such information about the matter to which this

Final Notice relates as it considers appropriate.

Authority contacts

33. For more information concerning this matter generally, contact Mike Baker,

Manager, Claims Management Companies Department at the Authority (direct line:
020 7066 5379 /email: mike.baker@fca.org.uk).

Sarah Hayes
on behalf of the Regulatory Transactions Committee

ANNEX A – REGULATORY PROVISIONS RELEVANT TO THIS FINAL NOTICE

1. Section 55A(1) of the Act provides for an application for permission to carry on one

or more regulated activities to be made to the appropriate regulator. Section
55A(2) defines the “appropriate regulator” for different applications.

2. Section 55B(3) of the Act provides that, in giving or varying permission, imposing

or varying a requirement, or giving consent, under any provision of Part 4A of the
Act, each regulator must ensure that the person concerned will satisfy, and
continue to satisfy, in relation to all of the regulated activities for which the person
has or will have permission, the threshold conditions for which that regulator is
responsible.

3. The threshold conditions are set out in schedule 6 of the Act. In brief, the threshold

conditions relate to:

(1)
Threshold condition 2B: Location of offices

(2)
Threshold condition 2C: Effective supervision

(3)
Threshold condition 2D: Appropriate resources

(4)
Threshold condition 2E: Suitability

(5)
Threshold condition 2F: Business model

Relevant provisions of the Authority’s Handbook

4. In exercising its powers in relation to the granting of a Part 4A permission, the

Authority must have regard to guidance published in the Authority Handbook,
including the part titled Threshold Conditions (“COND”). The main considerations
in relation to the action specified are set out below.

5. COND 1.3.2G(2) states that, in relation to threshold conditions 2D to 2F, the

Authority will consider whether a firm is ready, willing and organised to comply on
a continuing basis with the requirements and standards under the regulatory
system which will apply to the firm if it is granted Part 4A permission.

6. COND 1.3.3AG provides that, in determining the weight to be given to any relevant

matter, the Authority will consider its significance in relation to the regulated
activities for which the firm has, or will have, permission in the context of its ability
to supervise the firm adequately, having regard to the Authority’s statutory
objectives. In this context, a series of matters may be significant when taken
together, even though each of them in isolation might not give serious cause for
concern.

7. COND 1.3.3BG provides that, in determining whether the firm will satisfy, and

continue to satisfy, the Authority threshold conditions, the Authority will have
regard to all relevant matters, whether arising in the United Kingdom or elsewhere.

Threshold Condition 2C: Effective Supervision

8. COND 2.3.3G states that, in assessing the threshold condition set out in paragraph

2C of Schedule 6 to the Act, factors which the Authority will take into consideration
include, among other things, whether it is likely that the Authority will receive
adequate information from the firm to determine whether it is complying with the
requirements and standards under the regulatory system for which the Authority
is responsible and to identify and assess the impact on its statutory objectives; this
will include consideration of whether the firm is ready, willing and organised to
comply with Principle 11 (Relations with regulators) and the rules in SUP on the
provision of information to the Authority.

Threshold condition 2D: Appropriate Resources

9. COND 2.4.2G(2) states that the Authority will interpret the term 'appropriate' as

meaning sufficient in terms of quantity, quality and availability, and 'resources' as
including all financial resources (though only in the case of firms not carrying on,
or seeking to carry on, a PRA-regulated activity), non-financial resources and
means of managing its resources; for example, capital, provisions against liabilities,
holdings of or access to cash and other liquid assets, human resources and effective
means by which to manage risks.


10. COND 2.4.2G(2A) provides that ‘non-financial resources’ of the firm include human

resources it has available.


11. COND 2.4.2G(3) states that high level systems and control requirements are in

SYSC. The Authority will consider whether the firm is ready, willing and organised
to comply with these and other applicable systems and controls requirements when
assessing if it has appropriate non-financial resources for the purpose of the
threshold conditions set out in threshold condition 2D.

Threshold condition 2E: Suitability

12. COND 2.5.2G(2) states that the Authority will also take into consideration anything

that could influence a firm's continuing ability to satisfy the threshold conditions
set out in paragraphs 2E and 3D of Schedule 6 to the Act. Examples include the
firm's position within a UK or international group, information provided by overseas
regulators about the firm, and the firm's plans to seek to vary its Part 4A permission
to carry on additional regulated activities once it has been granted that permission.

13. COND 2.5.4G(2)(a) states that examples of the kind of general considerations to

which the Authority may have regard when assessing whether a firm will satisfy,
and continue to satisfy, threshold condition 2E include, but are not limited to,
whether the firm can demonstrate that it conducts, or will conduct, its business
with integrity and in compliance with proper standards.

14. COND 2.5.6G(1) provides that examples of the kind of particular considerations to

which the Authority may have regard when assessing whether a firm will satisfy,
and continue to satisfy, this threshold condition include, but are not limited to,
whether the firm has been open and co-operative in all its dealings with the
Authority and any other regulatory body (see Principle 11 (Relations with
regulators)) and is ready, willing and organised to comply with the requirements
and standards under the regulatory system (such as the detailed requirements of
SYSC and, in relation to a firm not carrying on, or seeking to carry on, a PRA-
regulated activity only, the Prudential Standards part of the Authority’s Handbook)

in addition to other legal, regulatory and professional obligations; the relevant
requirements and standards will depend on the circumstances of each case,
including the regulated activities which the firm has permission, or is seeking
permission, to carry on.