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Adviser who had office repossessed by Kleinworts barred by FCA
14/11/2017 , John Evans, International Editor

After a long-running legal action, adviser Anthony Badaloo is being stopped by the Financial Conduct Authority from trading.

Mr Badaloo, operating as Church Hill Finance and based in North London, once once had a house, used as his office, on which Kleinwort Benson provided mortgage finance and later repossessed after non-repayments.

The adviser had contested the FCA decision to ban him on the back of trespass related convictions in 2015, related to his attempt to re-enter his office after it was repossessed.

He also failed to turn over business records and creditor positions to the FCA during the office repossession, which persuaded the FCA to rule he was not a fit and proper individual to hold regulatory permissions.

He was also unable to satisfy FCA concerns over the security of his client records.

Mr Badaloo had contested the office repossession, and did not give up his permissions voluntarily when asked by the FCA, instead launching a petition against the regulator.

A possession order for the office was obtained but Mr Badaloo had repeatedly refused to empty the property of its contents, including his client records.

His subsequent appeal against the FCA case to the Upper Tribunal failed. The dispute then went to the Court of Appeal, which has just ruled that he would have no right to further appeal. The court ruled that his application was "totally without merit".

The FCA said that Mr Badaloo, a sole trader, has since April 2015 repeatedly failed to comply fully, or at all, with its reasonable requests to provide information and documents in relation to his business records and his creditor position.

Mr Badaloo was in 2015 convicted of one count of trespassing and one count of theft he was sentenced to a Community Order of 100 hours of unpaid work, and ordered to pay £3,500 in costs, plus a £60 victim surcharge, it noted.

"On this basis, the FCA considers that Mr Badaloo cannot be expected to act with probity" and "is not fit and proper to have permission to conduct regulated activities."

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