FINAL NOTICE

Trade Motor Sales and Repairs Ltd
Unit 1 Caersalem Terrace
Llanelli
Sir Gaerfyrddin
SA15 1AY

ACTION

1. By an application dated 15 February 2021 (“the Application”), Trade Motor Sales

and Repairs Ltd (“TMSR”, “the Applicant”) 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.

c.
Limited Permission Debt Adjusting,

2. The Application is incomplete.

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

SUMMARY OF REASONS

4. TMSR has failed to respond to requests for the provision of information,

considered by the Authority, to be necessary to allow the Application to be
determined.

5. By its Warning Notice dated 17 December 2021, the Authority gave notice that it

proposed to refuse the application and that TMSR was entitled to make
representations to the Authority about that proposed action. No representations
were received.


6. As no representations were received by the Authority from TMSR 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 apply, permitted the
Authority to treat the matters referred to in its Warning Notice as undisputed and,
accordingly, allowed the Authority to give a Decision Notice.


7. By its Decision Notice dated 21 January 2022 the Authority gave TMSR notice that

it had decided to take the action described above. TMSR 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 TMSR a Final Notice of its refusal.

9. The Authority decided to refuse the Application and to give this Final Notice as

TMSR has failed to provide the information required by the Authority, and in
circumstances where its requests for information have not been met the Authority
cannot ensure that TMSR satisfies, and will continue to satisfy, the threshold
conditions.

10. The failure to provide the information raises concerns as to whether TMSR:

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

condition 2C;

b. has appropriate human resources, given TMSR’s failure to provide the

Authority with the requested information as required by threshold
condition 2D; and

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

standards as required by threshold condition 2E.

DEFINITIONS

11. 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 body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority;

“SMF29” means the SMF29 Limited Scope Function;

“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; and

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

FACTS AND MATTERS

12. The Application was received by the Authority on 15 February 2021.

13. Further information was requested from TMSR under section 55U(5) of the Act.

14. The Authority requested the following information in support of the Application:

a. In an email dated 23 June 2021, the Authority requested further

information from the SMF 29 applicant. The Authority requested a response
by 30 June 2021.

b. In an email dated 14 November 2021, the Authority reiterated its request

for the above information and requested the Applicant respond by 21
November 2021.

c. On 23 November 2021, the Authority attempted to contact the Applicant

using the telephone number provided on its application form. The Authority
left a voicemail message requesting the Applicant urgently contact the
Authority or respond to the Authority’s previous emails.

15. TMSR failed to provide the outstanding information or contact the Authority

further.

16. On 25 November 2021, the Authority sent a letter to TMSR, by way of email and

recorded delivery, noting the lack of a response to its requests for the
information. The Authority also informed 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 the Authority issuing
TMSR with a Warning Notice proposing to refuse the Application.

17. TMSR failed to provide the outstanding information by the stated deadline. The

Authority notes that the correspondence sent to the Applicant by recorded
delivery, was returned as the address was inaccessible. The Authority also did not
receive a response to its email correspondence to the Applicant.

18. On 17 December 2021 the Authority issued a Warning Notice to the Applicant,

proposing to refuse the application, and that TMSR was entitled to make
representations to the Authority about that proposed action. The Authority
requested that any such representations were made to it by 14 January 2022. No
representations were received.

19. On 21 January 2022 the Authority issued a Decision Notice to TMSR stating that it

had decided to take the action set out in its Warning Notice. TMSR 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.

IMPACT ON THRESHOLD CONDITIONS

20. TMSR has failed to respond to four separate requests for the provision of

information considered by the Authority to be necessary to allow the Application
to be determined. The final request gave TMSR 10 business days to respond and
included a statement to the effect that TMSR must contact the Authority, or the
Authority would issue TMSR with a Warning Notice.

21. 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 TMSR satisfies, and will continue to satisfy, the threshold conditions.

22. 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 TMSR would fail to do so if the
Application were to be granted.

23. The failure to provide the information raises concerns as to whether TMSR:

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

condition 2C;

b. has appropriate human resources, given TMSR’s failure to provide the

Authority with the requested information as required by threshold
condition 2D; and

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

standards as required by threshold condition 2E.

24. On the basis of the facts and matters described above, the Authority cannot

ensure that TMSR satisfies, and will continue to satisfy, the threshold conditions
and accordingly has decided to refuse the application.

PROCEDURAL MATTERS

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

26. 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.


27. 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. The Authority intends to publish such information about the matter to
which this Final Notice relates as it considers appropriate.

Authority contacts

28. For more information concerning this matter generally, contact Jason Sullivan,

Credit & Lending at the Authority (direct line: 020 7066 61283 / email:
jason.sullivan@fca.org.uk).

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’s Handbook,
including
the
part
entitled
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)(c)G 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 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.