Bridging Finance News

Exclusivity claim causes £5m property dispute

October 28th, 2011

A property developer has lost a multi-million pound lawsuit as a result of planning to “rip off” a holy order and an heiress over Fawley Court, a High Court judge has ruled.

The house, which is thought to have been designed by Sir Christopher Wren and may have inspired Toad Hall in the book The Wind in the Willows, has been the home of the Roman Catholic Marian Fathers for 55 years.

Richard Butler-Creagh, from Kingwood, made an initial successful bid, at £22.5 million, to purchase the property and its 60-acres of land, near Henley in Oxfordshire, when it was put up for sale in 2008.

However, Mr Justice Eady said the purchase was based on a “lie” that his offer was backed by the Bank of Ireland. He continued by saying that Mr Butler-Creagh then set about finding a “rich punter” to “step into his shoes” and take over the purchase for a lucrative fee, reported the Henley Standard.

In October 2008 he met Iranian heiress Aida Hersham, a property investor, in Henley and began negotiating with her to take over the bid for the house, which the judge said had been greatly over-valued.

He had claimed to have the benefit of an exclusivity arrangement with the vendors so that only he could buy it. He claimed that he was approached by Mrs Hersham, and agreed to facilitate her purchase for a fee of £5m. He also claimed to have negotiated the price down on her behalf.

Mrs Hersham, whose company Cherrilow Ltd, ended up paying £13 million when it acquired the 17th century house in April last year. Subsequently, Mr Butler-Creagh launched a lawsuit against Mrs Hersham claiming that she had agreed to pay him £5 million for allowing her to take over his interest and for “facilitating” the sale, reported the BBC.

The High Court heard that by the time Mrs Hersham had begun expressing interest in buying Mr Butler-Creagh lost his right to “exclusivity” and to lock other potential purchasers out of the deal.

On speaking about the case Mr Justice Eady said: “She too was to be deceived into thinking that Mr Butler-Creagh still had exclusivity or a ‘lock out’ agreement, which meant that she had to deal with him.

“The intention was to ‘rip off’ both her and Marian Fathers, although I suspect that in Mrs Hersham he had met his match.”

Mr Butler-Creagh’s plan to make £5 million “for doing effectively nothing” failed as the High Court in London dismissed his claim saying he had concocted a scheme to earn this sum as commission. He had placed himself between the ultimate purchaser and the Marian Fathers because he knew that he couldn’t acquire Fawley Court on his own. He had deceived the Marian Fathers by giving them the false impression that he had the means and the intention to purchase the property himself by pretending that he was a necessary intermediary.

“In truth, and in law, he had no other role than as an ‘officious bystander’”, the judge said.

The judge allowed a claim for deceit against Mr Butler-Creagh by Cherrilow, which claims it is almost £10million out of pocket.

Mrs Hersham said after the hearing: “This fraud neither deserved nor warranted the public forum it received. Having gone through such a traumatic experience, it is going to take some time to get back to normal life. Once I have caught my breath, I intend to focus all of my energies on the restoration of Fawley Court.”

Mr Butler-Creagh said: “There are numerous points of law that my lawyers and I feel justify contesting and we will be appealing the decision.

“However, I am very concerned about the impact on my own personal reputation as implied in the court’s interpretation of events.

“In particular, I repudiate the suggestion that I had no chance of developing the project myself and was looking for a ‘rich punter’ to be talked into an unrealistic deal.

“I had several concepts for Fawley Court, including developing it as a hotel, and had both the experience and potential investors to explore this and other options.”

He could now face a multi-million compensation claim by the company but says he will appeal.

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BTL + Inflation offers attractive returns

October 28th, 2011

With the biggest inflation rise seen for 20 years and the rate soaring to its highest level in three years, hitting 5.2% last month, we wanted to see how this hike in inflation will affect Buy-to-let (BTL) property investors.

The effect of inflation on a BTL investor depends on how much actual money they have to invest with and whether they can afford the squeeze on their finances that an inflation rise implies.

Gordon Rae, Business Development Manager at Cheval Bridging Finance, believes “As the inflation rate continues to creep up and pressure continues to keep interest rates historically low, with no significant sign of change, deposit savings will continue to devalue.

“Investors will become ever more attracted to the buy to let market to provide a positive investment return.”

When inflation goes up it means that not only does the everyday cost of living increase, but all the goods and services an investor buys when developing a property to sell on or rent it out, also become more expensive. This can include plumbers, surveyors, electricians and solicitors as well as paint, flooring and furniture.

A view supported by Yasin Patel, Director at Mayfair Bridging Ltd, who said: “I think as inflation rises buy-to-let investors will have to take into account the rise in cost of renovating a property for instance costs of plumbers, electricians and the general cost of goods, such as carpets and decoration. Builders buying buy to let are at an advantage on this as they do most of the work themselves.”

When figuring out a property’s investment potential and how inflation fluctuations will affect property investors, they must factor in rising rental incomes if they’re investing for BTL and purchasing the property at the best possible price.

Duncan Kreeger, Chairman of West One Loans said, “Inflation is great for buy-to-let investors with large mortgages.  And with inflation at truly appalling levels – inflation on the retail price index measure has now hit 5.6%, the highest rate for 20 years – it’s better than it has been for a long time.

“The flip side is that inflation is effectively redistributing wealth from investors with no mortgages – whose real terms house prices are falling – to investors with mortgages.  Low interest rates mean the real value of debt is falling while the value of many saving pots is being eroded by 4-5 per cent a year.  With inflation so high it’s a very significant problem.  Average UK house prices are down by 29.9 per cent in real terms from their July 2007 peak.”

The latest statistics from the Office for National Statistics show that the consumer price index (CPI) measure of inflation rate was 4.5 per cent in August. This month’s rise in inflation to 5.2 per cent was as a result of a number of factors, such as rising utility bills as well as the prices of fuel, air travel and food prices soaring. The retail prices index (RPI) rate of inflation rose to 5.6 per cent, the highest since June 1991.

Over time property investing offers some protection against inflation. As many BTL property investors have borrowed money to invest in a real asset, they are letting the bank’s money erode in value while they, in exchange, have a real asset in their investment property that should retain or grow in value over a period of time.

According to the Council of Mortgage Lenders, tight lending criteria froze 100,000 first-time buyers out of the market last year alone. Property investors have been feeling the squeeze and have been finding it hard to go to a bank and borrow more.

With cash-deposits generating such uninspiring returns, private investors and BTL landlords are heading to the auction houses to pick up income-producing property assets. A lot of stock sold at auction is seen of as secondary quality, and therefore banks are hesitant to lend, which is where bridging lenders can step up to the plate with bridging loans for auction properties.

Yasin Patel added: “Investors will be looking to cut costs in other areas such as the purchase price of the property. The good thing at the moment is that the base rate is remaining low, once the base rate rises and the cost of funds go up, as well as inflation it will become tougher for investors and they will have to be more savvy. As we all know, the rents are rising and I think this is not just due to the fact that people cannot afford to buy at the moment but also due to the inflation and investors wanting to still make the same profit mark up.”

Using a bridging loan will see a potential BTL landlord able to refurbish a property’s bathroom or kitchen, and they can then attain a high street mortgage at a reasonable rate and start renting out their property.

“I was discussing this point yesterday with one of our investor / borrowers,” Jonathan Rubins, Managing Director of Alternative Bridging Corporation Ltd, told us. He added: “An interesting view is more based around rental, where prime rents have seen a 15 per cent annual growth considerably outstripping inflation. The issue is double digit rental increases for at least 2 years on the trot cannot be sustained for 2 years on the trot but that the acute shortage of new stock means anything decent is snapped up in minutes. They seemed far more sanguine about utilities when they are seeing such high demand for the flats. That of course is coupled with low interest rates which makes the whole model work so much better.”

Research by specialist buy-to-let lender Paragon Mortgages has revealed that intermediaries recorded an increase in buy-to-let mortgage applications in the third quarter this year.

On average, intermediaries recorded a 3.1 per cent increase in BTL business during the quarter, which is positive news for the private rented sector. Overall, 43 per cent of intermediaries recorded increasing buy-to-let business levels, compared to 7% who said business levels fell.

The research also showed that BTL mortgages accounted for 24.3 per cent of the total mortgages processed by intermediaries in Q3, which has increased from 20 per cent three months ago and is the highest proportion since Paragon started asking the question in the first quarter of 2007.

Elsewhere, intermediaries reported an improvement in the availability of buy-to-let finance, with 58 per cent of respondents saying they believed BTL mortgages were more readily available, and 31 per cent saying that it had stayed the same.

In these ‘squeezed’ times using short term financing to purchase properties, especially those at auction with below market value properties, is an ideal and viable solution to help those wishing to start building up a portfolio of properties or those existing investors and landlords who want to boost their portfolios also.

Analysis published last week by independent financial research company Defaqto has shown that BTL mortgages rates have fallen in the last year, but remain significantly higher than residential mortgages.

The findings show that average interest rates have fallen significantly in the last year across all types of BTL mortgage and average arrangement fees have also generally fallen. However, it also indicates that interest rates and arrangement fees for BTL mortgages remain markedly higher than for normal residential mortgages.

The Defaqto data shows that average rates for 2, 3 and 5 year fixed rate and 2 year base rate tracker BTL mortgages at 75% LTV have dropped markedly since September 2010, and that average arrangement fees have also fallen for several types of BTL mortgages.

David Black, Defaqto’s Insight Analyst for Banking, stated: “For those looking to get into the buy to let market, the last year has seen some positive developments. While interest rates and arrangement fees have reduced we have also seen a number of new lenders enter the market as well as existing lenders expanding their product ranges.

“People should factor mortgage fees into their calculations as, like the interest rate, they tend to be much higher for buy to let mortgages than for residential mortgages, and can make a real difference to the overall cost of the mortgage. Many borrowers will want to use the expertise of an adviser to help choose the best buy-to-let mortgage for their circumstances.

Rents are going up and the amount of tenants is increasing also, thus emphasising the moving trend of renters as opposed to buying properties. The lack of mortgages to first time buyers and the amount of deposit required to purchase a property now that large LTVs are not effectively available.

As a result, rental income is on the up and the amount of people that are looking for suitable properties to rent. The increasing number of bridging lenders that are looking into the BTL mortgage market means that for investors they can utilise their products and loans to take advantage of the increase in inflation.

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Financial advisor and property developer among SOCA arrests

September 16th, 2011

A property developer in Liverpool has been arrested as part of a probe into fraud by the Serious Organised Crime Agency (SOCA), reports the Liverpool Echo.

Sam Beilin was one of seven people arrested in the operation, which was connected with an investigation into fraud and conspiracy.

The 49-year-old, who has been declared bankrupt, was released on bail pending further enquiries, along with the other six people concerned.

Although the identities of most of the seven have not been made public, the Liverpool Echo have learnt that one of the people is a 55-year-old financial advisor named Alan Parkinson.

Mr Beilin’s home and offices, along with premises in Wavertree, which were carried out on August 23and 24 in conjunction with Merseyside Police and Revenue and Customs.

Mr Beilin was director of numerous Liverpool property businesses, a former chairman of the Harold House Jewish Youth Centre and a fundraiser for the NSPCC. He was declared bankrupt with £1m worth of debts, after a petition by Liverpool based accountant Melville Morris.

Mr Beilin has also been a director of a number of property companies in both Liverpool and Manchester, including Euston Square Properties and Honey Properties, which has its registered offices in Manchester.

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The perks of being associated with an association

September 16th, 2011

There has been much talk about the recent rise in size of the bridging market, with a number of new lenders coming into play. With a sector becoming larger does the role of a trade body, or association, become more relevant?

We are often hearing about associations and lenders are often advertising that they are a part of them, but what exactly do they do?

Adrian Bloomfield is the Chief Executive of the Association of Short Term Lenders (astl) and he shares his thoughts on the role an association plays: “We are a not for profit organisation and we do not seek to gain anything from our role. We exist merely to represent members as we are set up and operated by our members.

“Our main role is to promote those who are a part of our association and we strive to protect them from any threats. Many sectors, such as payday loans, can attract a bad reputation – this is not to say these reputations are justified in any way but they are there.

“The trade body is there to elevate the image of the sector and develop respect for our members, so that people can go to them with business and have confidence in their dealings.”

There are other associations, such as the Association of Bridging Professionals (AOBP), which is one of the newer ones –  it celebrates its first birthday on October 6 and says this about its role: “The AOBP provides a service to intermediaries, master brokers and packagers in the Bridging industry by providing a forum for discussion on non-competitive issues, acting as a trade body to help promote a favourable operating environment and providing information to assist them in their business.”

But what do the members think? Is there really great value in signing up to a trade body?

Gavin Diamond, Finance Director of Cheval Bridging Finance, said: “We are part of the NACFB (National Association of Commercial Finance Brokers), ASTL, AOBP and CML (Council of Mortgage Lenders).

“Being part of them provides us with credibility, allows us to discuss issues and topical items with similar companies, it gives us the ability to lobby other trade bodies, associations and regulators. Where we are associate members, it allows us to market and publicise our products to relevant members of that organisation.”

Duncan Kreeger, Chairman of West One Loans: “We’re part of The Association of Short Term Lenders, we’re a patron of the National Association of Commercial Finance Brokers, and we’re also an affiliate lender member of the Association of Bridging Professionals.”

He also spoke of the benefits they believe they gain from being part of certain associations: “Being a member of lender bodies also give confidence to people who do business with us. Our broker partners can gain comfort from West One being part of an organisation like the ASTL that has introduced a code of conduct to the industry.”

Gareth Lewis, Head of Business Development at Tiuta PLC, had this to say: “Tiuta have always been strong believers in the adage ‘strength in numbers’ particularly when you are looking to promote the sector and to promote the highest of standards across the sector.

“Association membership also puts is at the forefront of many industry debates and it puts us in front of a variety of existing and potential partners. We are committed to the sector and association membership has a significant part to play in proving this.”

So it seems as though lenders feel being part of a trade body brings some semblance of solidarity to companies who are otherwise competitors.

Adrian Bloomfield summed up the importance of this togetherness in a certain market or sector that a trade body like the ASTL can give: “The trade body is there to elevate the image of the sector and develop respect for our members, so that people can go to them with business and have confidence in their dealings.

“If we did not exist, there would be no way of talking to the industry. It is very difficult to speak with 50 or so lenders, you would have to go to each one individually, so we act as an interface.

“We are essentially the conduit between the industry and the outside.”

Speaking to various different lenders, we can gather that a trade body is like the club everybody want to be in and the service they provide is becoming more and more important as the industry grows.

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WLB and Brunel broker landmark deal

September 16th, 2011

Brunel Mortgages & Loans, the Swindon based mortgage and secured loan packager, have announced their first completion with Whiteaway Laidlaw Bank (WLB).

The loan was on a hair and beauty salon and arranged in just over two weeks from Decision In Principle to completion.

Whiteaway Laidlaw Bank have recently been in the news after they acquired the specialist lender Link Loans in August.

Rob Derry, Managing Director of Brunel commented: “The customer was working to very tight timescales and with everyone pulling together on this application, the timescales were met with some breathing room. It just goes to show that commercial mortgages don’t have to take weeks and months to complete.

“It’s great to get your first completion with a new lender under your belt. We have worked with the team behind WLB for many years in their previous organization and our experienced staff in the commercial mortgage sector ensured this one progressed to a swift completion. The staff at WLB and the introducing broker, Geoff Dennerley of Maple Leaf in Chester, were a great help in getting this put to bed.”

Geoff Dennerley added that the loan was a good result for the customer and that they were very happy with the outcome and speed of completion.

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Industry enthuses over NACFB market growth figures

September 5th, 2011

The National Association of Commercial Finance Brokers (NACFB) released survey results showing bridging to be up by 180 per cent – a growth that industry figures are delighted about.

The survey, along with showing the above statistic, highlighted growth in other areas of the market. It showed a 103 per cent rise in development finance, a 14 per cent rise in total commercial lending to SMEs, a 46 per cent rise in buy-to-let lending and a total of £2.8 billion of business written in the short term and development lending by NACFB members.

The response garnered from some prominent figures in the market has been very positive. James Bloom, CEO of Regentsmead, the development finance lender, commented: “The NACFB survey highlights a fairly mixed bag of results. We have seen very strong increases in short term lending, which is positive. There is definitely a strong increase in demand, however it is concerning to see some stagnant growth in some areas of the market.

“It is good to see that some sectors are increasing substantially but overall we are off the peak we used to be at. I think generally the survey shows positive results. These figures reflect a strong increase in demand. We have seen business double over the past 12 months and I think that we are fairly indicative of the market. The increase has gone to more specialist lenders like us – we have seen a very strong increase over the past year.”

Alan Margolis, Head of Bridging at United Trust Bank, said: “Looking at the figures, it is plain to see there has been a significant increase in bridging lending and there is no question that the bridging market is very active. We are very busy at the moment and the results of this survey are similar to the mood music that has been playing throughout the sector recently.

“You would think that, of the total estimated £2.8 billion in the bridging and development lending market, the bridging proportion is becoming more significant, though it will still be modest proportion of the total.

“It is very pleasing to see that the market is moving in the right direction and it is another indication that many people in the industry are becoming busier. The signs are there to tell us that bridging is in rude health at the moment and the market is buoyant.”

Richard Deacon, Sales and Marketing Director at Masthaven Finance Ltd, said: “The results of the survey are brilliant. Looking at the figures, I imagine that the biggest increase is within the development side, but of course within that is bridging.

“We won the NACFB short term lender of the year last year and we have definitely seen an increase in business from NACFB members as a result. We support the NACFB tremendously, and part of the reason we do that is because they do produce figures. It is interesting that commercial mortgages have remained rather stagnant but I will be intrigued to see how what happens in 2012 particularly with the changes in the market, including WLB buying up Link Loans.”

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Racing star conned millionaire hotel tycoon in £737k fraud

September 5th, 2011

A former motorcross champion has been jailed after conning a hotel tycoon in order to pay off his mortgage.

Julian Clark, 45, befriended Richard Balfour-Lynn, the chief executive of an investment company that owns the Malmaison hotel chain, and convinced him to hand over tens of thousands of pounds.

The millionaire was one of 20 different unsuspecting victims the motorcycling veteran, who also ran the Linda McCartney Pro Cycling Team, managed to defraud of £737,000 in total. The victims were mainly neighbours, friends or associates from the motorcross world – Balfour-Lynn was met on rural cycling routes in Kent.

Clark convinced people that the money was for buying and selling high value part-exchange motor vehicles or bankruptcy gym equipment, and importing motocross bikes from Belgium and Holland.

Maidstone Crown Court heard that the car deal started out as a genuine offer, but descended “rapidly” into fraud.

Between November 2006 and December 2009 he used money from one victim to reimburse another and his stalling tactics included bounced cheques and forged bank transfers.

One ruse he used was to send an investor a picture text message showing piles of cash, with the caption: “This is what I have been waiting for”, reported local press.

In fact, Clark had been using much of the money to pay his own mortgage and day to day living expenses, but there was nothing to suggest he was living in luxury.

Clark actually paid back much of the money but there is still an outstanding amount of £317,000 that will be the subject of confiscation proceedings in January.

He admitted 22 offences of fraud by false representation and two similar offences, which he denied, will be left on file.

The former motorcross star was jailed for three-and-a-half years. It was also revealed he has a previous conviction for a similar £300,000 fraud.

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SMEs get financial crime warning

August 31st, 2011

The FSA recently compiled and published a Consultation Paper that contains financial crime guidance for small firms, highlighting ways in which small firms need to protect themselves from becoming embroiled in data theft cases, fraudulent loans or corruption.

The guide is based upon all the research the FSA have carried out regarding system controls and good and poor practises within regulated financial services firms, including its 2010 ‘The Small Firms and Financial Crime Review’ – aimed at establishing the extent to which small firms across the industry addressed financial crime risks in their businesses.

The FSA, which supervises around 16,500 small firms, visited 159 of these across wholesale and retail sectors for the review. It covered three main areas – anti-money laundering/financial sanctions, data security and fraud controls – its new guidance highlights the weaknesses it found and gives guidance on improvement.

These include, among many other, simple failings such as no background checks before appointing staff, no checking of qualifications and references for staff and not knowing how to report to the Serious Organised Crime Association(SOCA).

In the first half of the year cases of identity fraud rose by 11 per cent and experts warned stealing someone’s personal and financial details was like ‘a licence to print money’.

Ray Cohen, managing director of Jackson Cohen, agrees: “Firms are being much more careful now than they were before – but that doesn’t mean attempted fraud isn’t up.

“It’s hard to measure but there is still a level of attempted fraud that comes consistently.”

Jonathan Newman, senior partner of Brighstone Law LLP, believes these types of crimes are definitely on the up, he says: “There is a significant rise in financial fraud. Downturn in the economy is one reason, but there are others. The computerisation of Land Registry records, the increase in distance transactions, the rise in non-owner-occupied properties have contributed to increased opportunity for the property-savvy fraudsters.”

Ray Cohen stresses that it may be difficult for small firms to keep up with high quality system controls as they don’t have a big fraud department, however the necessity is definitely there.

“Big issues are data protection – homeless people get paid ten pounds for any piece of data they can find in a rubbish bin or city dumpster – this is big business – ID fraud is one of the biggest growing crimes around and it doesn’t just apply to the mortgage industry, it applies across everything.”

Gavin Diamond, head of finance at Cheval, agrees these practises should be standard: “These guidelines are really just good business practises that should be adopted by all companies, whether they are FSA regulated or not.

“Each of our members of staff has a guide to our anti-money laundering prevention procedures and we run annual refresher seminars for all staff members.”

Recently there have been several high profile cases where the FSA, finding negligence, have fined companies.

They fined Willis Limited £6.895 million in July for failings in its anti-bribery and corruption systems and controls. In January it fined the Royal Bank of Scotland (RBS) and National Westminster Bank (NatWest) £2.8m for multiple failings in the way they handled customers’ complaints.

An FSA spokesperson said: “There is no cap on the amount we can fine a company or no minimum, although we do take the size of the firm into account and we look to fine proportionately to the size of the business.”

Even if firms aren’t regulated by the FSA they are still accountable to other bodies, such as the police, and the Information Commissioner’s Office (ICO).

A spokesperson for the ICO, which works alongside the FSA, outlined what they do: “The ICO has an important role in regulating the seventh data principle – security.

“The ICO has dealt with a number of companies in cases where data has been disclosed recklessly, leading to monetary penalty notices. In November 2010 a monetary penalty of £60,000 was issued to employment services companyA4e Limited for the loss of an unencrypted laptop which contained personal information relating to 24,000 people who had used community legal advice centres in Hull and Leicester.”

It is imperative, especially in times of financial unrest like these, to keep highlighting the fundamental need for a high standard of security and systems in place to protect small firms – and indeed their valuable reputations – from fines and embarrassment, not to mention legal implications, of being embroiled in very prevalent issues such as ID fraud and general financial crime.

For more advice visit the FSA’s website for the guidance in full.

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Masthaven increases maximum loan size to £5,000,000

August 31st, 2011

Masthaven Bridging Finance, the FSA regulated award winning bridging lender, has increased their maximum bridging loan size to £5,000,000.

The large short term loans are for residential purchases and remortgages and are available throughout England and Wales. The maximum LTV on these larger loans is 65% with the rate and fees amongst the most competitive within the industry.

With no upfront administration fees payable, combined with daily interest and no exit fees, this product is sure to be very popular amongst introducers looking for that larger short term funding requirement.

With funding available and their continued success in the short term lending arena, Masthaven have added yet another string to their bow.

Richard Deacon, Sales and Marketing Director commented “Masthaven is going from strength to strength. This latest addition to our offering just proves that we are growing in all the right areas. The investment from The William Pears Group has really boosted our appetite to lend, and the fact that we can now lend up to £5,000,000 on residential property at up to 65% is a huge plus for myself and the rest of the sales team”

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FSA deems broker to be ‘not fit and proper’

August 31st, 2011

The Financial Services Authority has given a final notice to mortgage broker Total Independent Mortgages Limited for failing to comply with regulatory requirements.

The FSA cancelled the Cheshire based company’s ‘Part IV’ permission to carry on regulated activities after they failed to submit their Retail Mediation Activities Return (RMAR) for the period ending 31 December 2010.

Furthermore, the FSA stated: “You have not been open and co-operative in all your dealings with the FSA, in that you have failed to respond to the FSA’s repeated requests for you to submit the RMAR, and have thereby failed to comply with Principle 11 of the FSA’s Principles for Businesses and to satisfy the FSA that you are ready, willing and organised to comply with the requirements and standards under the regulatory system.”

The company received a Warning Notice on June 7 and a Decision Notice on July 19 detailing the permission cancellation.

After the Regulatory Decisions Committee made the decision, the FSA told Total Independent Mortgages Ltd: “you are not conducting your business soundly and prudently and in compliance with proper standards, that you are not a fit and proper person, and that you are therefore failing to satisfy the Threshold Conditions in relation to the regulated activities for which you have had part IV permission.”

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