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UK's Financial Conduct Authority cancels registration in default of fees and returns.

Monday, 27 November, 2023 - 08:08

The UK's financial services laws and regulations are very wide and the Financial Conduct Authority has responsibilities that go far beyond the banking, insurance and securities sectors. Amongst those extended responsibilities is consumer credit, an area that it took over from local authorities in 2014. That was the year that a company, 8ESA Limited was incorporated and it duly obtained authorisation for various credit purposes. Now that authorisation has been cancelled.

8ESA Limited (the FCA persists in calling "companies" "firms" which they are not) has failed to pay the FCA's fees since 2020 and for a similar period has failed to submit its returns.

The company is up to date with its filings at Companies' House - and it is there that a rabbit hole begins.

The company was formed to trade in cars and light commercial vehicles and obtained its credit licence for the purposes of
"a) agreeing to carry on a regulated activity;
(b) credit broking;
(c) debt-adjusting; and
(d) debt-counselling."

It has the same current officers as it had at incorporation but their correspondence addresses have been changed to an address in Knowle, in the West Midlands.

In 2020, the company granted a charge to Barclays Bank over premises at Unit 26C Reddicap Trading Estate Sutton Coldfield. On 5th June, the company acting through one of its directors, secured planning permission to convert those premises into five separate units. Public records show that it was sold in December 2019 - which matches when the charge was granted to Barclays bank. Photographs show that the works were completed and various property listings show that one of the units is currently for sale as a freehold unit. Photographs show that unit apparently in use as storage for high quality used cars and an office which seems to be in use.

The registered office was changed on 18th March 2023 to an address in Slough, Berkshire and then on the same day to the address in Knowle. That address is the address of an accountancy business called THE ARKK ALLIANCE LTD and which has itself had several names since incorporation: EMBARKK GROUP LTD 24 Aug 2022 - 03 Mar 2023, MAGIC ACCOUNTANCY SERVICES LTD 09 Nov 2010 - 24 Aug 2022, ABACUS NETWORK (BIRMINGHAM SOUTH) LIMITED 27 Mar 2007 - 09 Nov 2010. The office at First Floor, 20-22 Station Road, Knowle, Solihull, West Midlands, United Kingdom, B93 0HT is "home" to over 100 companies.

So, the company appears to have been trading and active in the same business as that for which it was originally formed and in relation to which the consumer credit licence was obtained.

There is one more wrinkle : in 2020, when the company first failed to file its consumer credit returns and to pay its fee, the company also found itself subject to an automatic striking off process which was subsequently cancelled. That was when it would be logical to assume the conversion works were under way and perhaps simply got lost in the shuffle. Yet three years later, when company administration is being dealt with, it seems no one communicated with the FCA.

Was that simply because the FCA was writing to an old address and it had not cross-referenced its records to those at Companies House?

A D V E R T I S E M E N T

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