The panel members were Mr Jim Atkins PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal), Miss Jacqueline Stone FNAEA (member panellist) and Ms. Gillian Fleming (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mrs Waldeck and Mr Thomson were in attendance in the hearing.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mrs Waldeck and Mr Thomson.
It was alleged that Mrs Waldeck and Mr Thomson had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 1.7: Access to, or availability of, Client Money
- Conduct Rule 1.14: Payments out of a Client (Bank) Account
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 21: Continuing Professional Development (CPD)
Mr Foldvari entered a plea denying the alleged breaches of Rules 1.3, 1.7, 1.14, 1.18, 1.19, 1.20, 1.23 and 13 but admitting a breach of Rule 21.
Decisions
Mrs Waldeck and Mr Thomson admitted the alleged breaches.
- Conduct Rule 1.7: Proven
- Conduct Rule 1.14: Proven
- Conduct Rule 13: Proven
- Conduct Rule 21: Admitted
Sanctions
- Conduct Rules 1.7, 1.14, and 13: £200 (shared between PPD members)
- Conduct Rule 21: £100 (each PPD member)
In addition, costs of this hearing of £415 (shared between the PPD members) were imposed against Mrs Waldeck and Mr Thomson in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'We thank you all for attending today’s hearing, it greatly assists the tribunal when members are present, as we can ask questions as appropriate. It is disappointing that we are considering repeat breaches. We do understand how the breaches of our Rules 1.7, 1.14 and 13 have occurred and note how swiftly the errors were corrected. However, we must stress that despite the apparent difficulties with your current bankers, you must take steps to prevent repetition. The tribunal requests that you further explore all options to prevent further erroneous transfers and that you advise our compliance department of the details when you have made appropriate alternative arrangements.'
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