Final Notice

On , the Financial Conduct Authority issued a Final Notice to Gillian Sweeney, Rescue Loans
l

FINAL NOTICE

To:
Gillian Sweeney (trading as Rescue Loans)

FRN:
708359


Dated:
8 September 2023

ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Gillian Sweeney (‘Ms Sweeney’).

2.
The Authority issued to Ms Sweeney the Decision Notice which notified Ms Sweeney
that for the reasons given below and pursuant to section 55J of the Act, the
Authority had decided to cancel Ms Sweeney’s Part 4A permission.

3.
Ms Sweeney has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was given to him.

4.
Accordingly, the Authority has today cancelled Ms Sweeney’s Part 4A permission.














/cont…


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 Gillian
Sweeney dated 25 April 2023;

“the Overdue Balance” means the outstanding sum of £2,000.00, owed by Ms
Sweeney to the Authority for:


an invoice dated 23 November 2021 for £250.00 (which was due for payment

by 23 December 2021) for late submission of Firm Details Attestation;


an invoice dated 16 December 2019 for £250.00 (which was due for payment

by 15 January 2020) for late submission of a regulatory return;


an invoice dated 13 September 2019 for £250.00 (which was due for payment

by 13 October 2019) for late submission of a regulatory return;


an invoice dated 15 March 2019 for £250.00 (which was due for payment by

14 April 2019) for late submission of a regulatory return;


an invoice dated 4 December 2018 for £250.00 (which was due for payment

by 3 January 2019) for late submission of a regulatory return;


an invoice dated 6 June 2018 for £250.00 (which was due for payment by 6

July 2018) for late submission of a regulatory return;


an invoice dated 5 June 2018 for £250.00 (which was due for payment by 5

July 2018) for late submission of a regulatory return, and


an invoice dated 5 March 2018 for £250.00 (which was due for payment by 4

April 2018) for late submission of a regulatory return.

“the Principles” means the Authority’s Principles for Businesses;

“Ms Sweeney” means Gillian Sweeney;

“Ms Sweeney’s Part 4A permission” means the permission granted by the Authority
to Ms Sweeney pursuant to Part 4A of the Act;

“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 Ms
Sweeney dated 14 March 2023.

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 Ms Sweeney is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Ms Sweeney is a fit and proper person having regard to all the
circumstances, including whether Ms Sweeney managed her business in such a way
as to ensure that her affairs were conducted in a sound and prudent manner.

7.
Ms Sweeney has failed to pay the Overdue Balance and has not been open and co-
operative in all her dealings with the Authority, in that Ms Sweeney has failed to
respond to the Authority’s repeated requests for her to pay the Overdue Balance,
and has thereby failed to comply with Principle 11 of the Principles and to satisfy
the Authority that she 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 Ms Sweeney’s suitability, lead
the Authority to conclude that Ms Sweeney has failed to manage her business in
such a way as to ensure that her affairs are conducted in a sound and prudent
manner, that she is not a fit and proper person, and that she is therefore failing to
satisfy the Threshold Conditions in relation to the regulated activities for which she
was granted a Part 4A permission.

DECISION MAKER

9.
The decision which gave rise to the obligation to give this Final Notice was made by
an Authority staff member under executive procedures.

IMPORTANT

10.
This Final Notice is given to Ms Sweeney 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 Ms Sweeney 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 M Alexander
Bajko at the Authority (direct line: 020 7066 1838).


Jeremy Parkinson
Enforcement and Market Oversight Division


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