Professional Negligence Claims
Money lost because a regulated adviser, broker or firm got it wrong. Where the firm is FCA-regulated, there is a free complaints route that most people never use.
6 years
General limitation period
8 weeks
The firm's time to respond
Free
Ombudsman and FSCS referrals
What this service is, and what it is not
Professional negligence covers loss caused by someone you were entitled to rely on: a financial adviser who put you into an unsuitable investment, a mortgage or insurance broker who misrepresented a product, a pension adviser who recommended a transfer that should never have happened, a claims firm or credit broker that mishandled your case.
The route depends entirely on whether the firm is regulated. Where it is authorised by the FCA, you have a free statutory complaints route: complain to the firm, and if the answer is unsatisfactory, refer it to the Financial Ombudsman Service. The Ombudsman can award compensation up to its published limit, its decisions bind the firm if you accept them, and it costs you nothing. Where the firm has since failed, the Financial Services Compensation Scheme may cover the loss instead. Both of those routes are ones we can run for you, and both are ones you can run yourself.
Where the professional is not FCA-regulated, a solicitor, a surveyor, an architect, an accountant, the position is different. Those claims are pursued through the relevant professional body or, ultimately, through the courts, and a court claim needs a solicitor. We are not a law firm and we do not conduct litigation. What we will do is assess the claim honestly, tell you which of those routes actually applies, and refer you onward where the answer is a solicitor rather than us.
Time limits matter here more than in most claims. The general position under the Limitation Act 1980 is six years from the negligent act, with a possible extension where the loss could not reasonably have been discovered until later. Pension and investment cases in particular can turn on that extension, so date the advice before you assume you are out of time.
Business challenges this addresses
You were told it was your decision
An adviser who recommends something is responsible for the suitability of the recommendation. A signature on a form does not transfer that responsibility to you.
The loss looks like market movement
Investments fall. The question is whether the recommendation was suitable for your circumstances and risk appetite in the first place, which is a separate matter from performance.
The firm has stopped trading
Where an FCA-regulated firm has failed, the Financial Services Compensation Scheme may cover the loss. Firms disappearing is common in this area and is not the end of a claim.
Years have passed
Six years from the act is the general rule, but where you could not reasonably have known about the loss the clock may start later. Pension transfer cases frequently fall into that category.
How we deliver it
Every stage has a named owner on our side and a defined output. You always know what is happening and what comes next.
Typical duration: Typically 3–9 months, driven by the Ombudsman queue
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Free assessment
We establish who advised you, whether they were regulated at the time, and what you were told. The regulatory status of the firm decides everything that follows.
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Route and limitation check
Ombudsman, compensation scheme, professional body or court. We identify which applies and whether the claim is in time, and say plainly if the answer is that you need a solicitor.
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Evidence gathering
The suitability report, the fact-find, the illustrations, the correspondence and what was actually said at the time. Negligence claims are won on the file, and you are entitled to a copy of yours.
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Complaint to the firm
A written complaint setting out the failure and the loss, which starts the firm's eight-week clock and creates the referral right that follows it.
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Ombudsman or FSCS referral
If the firm refuses or has failed, we take the case to the Financial Ombudsman Service or the Financial Services Compensation Scheme with a full submission. Both are free to use.
What you receive
- A straight answer on whether this is a claim we can run or one that needs a solicitor
- Confirmation of the firm's regulatory status at the time you were advised
- A limitation assessment, including whether the later-knowledge extension applies
- A written complaint quantifying the loss and the failure behind it
- Full Ombudsman or FSCS referral and submission
- Onward referral to a solicitor where the case genuinely needs one
What changes afterwards
The complaints route is free
Complaining to the firm and referring to the Ombudsman costs you nothing. We will tell you when your case is straightforward enough to do exactly that yourself.
Ombudsman decisions bind the firm
If you accept a decision in your favour, the firm must comply. That is a materially stronger position than a negotiation.
Failed firms are still claimable
The Financial Services Compensation Scheme exists for precisely this, and a firm going under does not automatically end your claim.
Frequently asked
No. We are an FCA-authorised claims management company. We can run regulated complaints, Financial Ombudsman referrals and FSCS claims for you. We cannot conduct litigation, and where a case needs a court claim we will tell you that and refer you to a solicitor rather than taking it on.
Yes, and for a straightforward complaint against a regulated firm you probably should. Complaining to the firm and referring to the Ombudsman is free. We publish guidance on how to do it, and roughly two thirds of the enquiries we receive are answered that way.
Generally six years from the negligent advice, or three years from when you could reasonably have known about the loss where that is later. The Ombudsman applies broadly similar time limits. Date the advice and tell us before assuming you are too late.
Then the Ombudsman route is not available and the claim runs through the relevant professional body or the courts. That is a solicitor's work, not ours, and we will say so at the assessment.
Broadly, the position you would have been in had the negligence not happened, the direct financial loss, often with interest, and in some cases an award for distress and inconvenience. The Ombudsman publishes its current award limit.
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