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. The FCA's PS22/13 redress scheme also creates fresh obligations for firms that gave unsuitable DB pension transfer advice between October 2018 and March 2021.
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 £430,000 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 within 24 hours 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.