Can I Still Claim? — Common Eligibility Questions Answered

These are the questions we hear most often from people who are unsure whether they qualify for a financial mis-selling claim. Read the scenarios below — if any applies to you, contact us for a free, no-obligation assessment.

Quick Answer: You can usually claim if either 6 years have not passed since the mis-selling event, or 3 years have not passed since you first became aware of the problem — whichever is later (Limitation Act 1980, s.14A). For failed firms declared in default, the FSCS has no hard time limit. Source: Limitation Act 1980; FSCS scheme rules.

Common eligibility questions

Can I claim for an unregulated investment?
Yes — in most cases. The key distinction is between the investment itself and the advice to make it. Even if the investment was unregulated (e.g. a UCIS, care home room, or mini-bond), the advice to invest was likely regulated. An FCA-regulated adviser who recommends an unregulated investment is still bound by FCA suitability rules. Under Section 21 FSMA 2000, financial promotions for unregulated investments must be approved by an FCA-authorised firm — if this rule was broken, a claim under sections 27/30 FSMA may be available regardless of the advisory relationship.
Can I claim for pension transfer advice from years ago?
Quite possibly, even if the advice was given more than 6 years ago. The Section 14A 'date of knowledge' rule gives you 3 years from when you first discovered (or ought reasonably to have discovered) that the advice was unsuitable. If you were a British Steel Pension Scheme member advised to transfer between 26 May 2016 and 29 March 2018, the FCA's BSPS redress scheme (PS22/14) required the firm that advised you to review that advice.
Can I claim if my adviser is no longer trading?
Yes. If declared in default: FSCS pays up to £85,000. If in administration but not yet in default: we monitor timing and advise when to apply. If ceased trading and not in default: their professional indemnity insurance may still be valid — we trace insurers and pursue claims directly. If the firm was connected to an introducer network: the regulated firm that authorised the promotion may bear liability even if they did not give the advice directly.
Can I claim if I moved my pension myself (execution-only)?
It depends. If you were given any advice — verbal or written — about the pension, the execution-only label may not apply. Many firms incorrectly classified advised clients as execution-only to avoid their suitability obligations. The FCA and FOS regularly look behind the label. Contact us even if the firm describes your transaction as execution-only.
Can I claim if I invested jointly with a spouse or partner?
Yes. Each claimant is assessed separately. If both of you were given the same unsuitable advice, you may each have a separate claim of up to £85,000 through the FSCS, or up to £455,000 each through the FOS.
Can I claim if the investment was through my pension (SSAS or SIPP)?
Yes. The underlying investment being held within a pension wrapper does not remove your right to claim for mis-selling. SIPP and SSAS trustees can bring claims on behalf of member accounts.

Talk to us

If any of these scenarios feels familiar, we can tell you whether you have a viable claim. Free assessment on 01228 272 395 or start your claim online. Related: time limits, adviser gone bust, no win no fee.