Quick Answer
Helpful evidence includes the suitability report, the fact-find, illustrations, your transaction history and adviser correspondence — but you don't need all of it to start. A Letter of Authority or a free data request can recover most records. Whether a claim succeeds depends on the facts.

Source: FCA COBS 9 (suitability); UK GDPR / Data Protection Act 2018 (right of access).

Documents & Records

What Evidence Do You Need to Prove Financial Mis-Selling?

Two things worry people most: "I don't have the paperwork" and "I signed something saying I understood the risks". Neither is usually fatal. The real question in a mis-selling claim is whether the advice was suitable for you — and the records that answer that question can almost always be recovered, even years later. This guide explains what evidence helps, what each document shows, and how to get your file if you have nothing.

What "evidence" really means in a mis-selling claim

A mis-selling claim turns on suitability: did the adviser properly assess your circumstances, your objectives and your attitude to risk, explain the risks, and recommend something appropriate? Evidence is therefore anything that shows what you were told, what you were sold, and what the adviser knew about you at the time. Often the most powerful evidence is the gap between what your file says about you and what you were actually recommended.

The key documents and what each one proves

You will not need all of these, and you do not need them to begin — but this is what helps.

DocumentWhat it can proveHow to obtain it
Suitability report / recommendation letterWhat was advised and why — the core suitability questionAdviser file; via Letter of Authority or DSAR
Fact-find / know-your-client formYour circumstances, objectives and risk profile at the timeAdviser file / DSAR
Illustrations & key featuresWhat risks and charges were (or weren't) disclosedAdviser or product provider
Transfer / transaction historyWhat was moved, when, and into whatPension provider / investment platform
Correspondence (emails, letters, texts)Cold contact, pressure, or undisclosed commissionYour own records / DSAR

If you have no paperwork

This is one of the most common situations, and it rarely stops a claim. Two routes recover records on your behalf:

  • Letter of Authority. A short form authorising a representative to request your file directly from the adviser, pension provider or platform.
  • Data request (DSAR). Under UK data protection law you have a right to a copy of the personal data a firm holds about you. A data subject access request is normally free and the firm must usually respond within one month. This often recovers the fact-find, suitability report and correspondence even where the adviser is uncooperative.

Your right to your own records

The right of access under the UK GDPR and the Data Protection Act 2018 is yours to use directly, with or without a representative. It is a powerful tool because a firm cannot simply refuse to hand over the records that would reveal whether its advice was suitable. Where a firm has closed down, records can often still be obtained from administrators, the product provider or the platform that held your money.

What makes evidence persuasive

The strongest cases rest on contemporaneous records — what was written at the time, not what is remembered later. Two comparisons matter most: the fact-find versus the recommendation (did the product match your stated risk profile and objectives?), and the disclosure documents versus what you were actually told (were the real risks and charges spelt out?). A clear mismatch is often what supports a claim.

What the records often reveal

When files are recovered, recurring patterns emerge: a cold approach or unsolicited contact; little or no genuine risk profiling; a commission or introducer arrangement that was not properly disclosed; "guaranteed" or "too good to be true" returns; and template suitability letters that do not reflect the individual's circumstances. None of these guarantees a successful claim, but each can support one.

A note on signed risk warnings

Signing a form that says you understood the risks does not, by itself, end a claim. The adviser's duty to give suitable advice remains. If the recommendation was unsuitable for you, a signature acknowledging risk does not cure that.

Not sure what you've got? We can request your records for you. Start a free check — tell us the adviser or firm and rough dates, and we'll do the rest.

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Frequently Asked Questions

What documents do I need to make a mis-selling claim?
Helpful documents include the suitability report, fact-find, illustrations, transaction history and correspondence — but you do not need them all to start. Often the adviser or firm name and rough dates are enough to begin.
Can I claim if I have lost all my paperwork?
Usually, yes. A Letter of Authority or a free data subject access request can recover your file from the adviser, provider or platform, even some years later.
What is a suitability report and why does it matter?
It is the document setting out what the adviser recommended and why. It is central because a mis-selling claim turns on whether that recommendation was suitable for your circumstances.
How do I get my file from an adviser who has closed down?
Records can often be obtained from the firm's administrators, the product provider, or the platform that held your investment. Where the firm is in default, other recovery routes may also apply.
Is a signed risk warning fatal to my claim?
No. A signature acknowledging risk does not override the adviser's duty to give suitable advice. If the advice was unsuitable, you may still have a claim.
How far back can records be obtained?
It varies by firm and provider, but records can frequently be recovered years after the advice — which is why missing paperwork should not stop you checking.

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