The panel members were Ms Jacqueline Stone FNAEA (member panellist acting as the Chairperson for the tribunal), Mr Neville Pedersen FNAEA (honoured) (member panellist) and Mr Noel Hunter OBE (lay panellist).
The presenting Case Officer for Propertymark was Mr Victor Zillmer.
Mrs Hannah Gorvett & Mrs Claire Reed were not in attendance at the hearing, the proceedings were recorded.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mrs Hannah Gorvett & Mrs Claire Reed.
It was alleged that Mrs Hannah Gorvett & Mrs Claire Reed had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.9: Title and conditions of a Client (Bank) Account
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 23: Continuing professional development (CPD) rules
Decision
Mr David Oliver (Compliance Manager) entered a plea on behalf of Mrs Hannah Gorvett & Mrs Claire Reed denying all alleged breaches and to allow the hearing to proceed.
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 1.9: Proven
- Conduct Rule 13: Proven
- Conduct Rule 23: Proven
Sanctions
- Conduct Rule 1.9: £250 per PPD
- Conduct Rule 13: £250 per PPD
- Conduct Rule 23: £50 per PPD
In addition, the cost of this hearing of £522.50 were imposed against Mrs Hannah Gorvett & Mrs Claire Reed in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
‘Much that we note the level of internal sanction offered but not accepted by the members, the importance of operating a client account is a fundamental importance to consumer protection. We also note there are outstanding creditors including HMRC. Our penalties reflect the seriousness of these issues.'
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