MIS-SOLD SIPP

An unregulated investment scheme is an investment that is not regulated by the Financial Conduct Authority. Examples include Harlequin Property Investment; The Resort Group; Store First; Green Oil; Global Forestry; Ethical Forestry; Cape Verde; Elysian Fuels; Park First; Australian Farmland; Dolphin Capital (or German Property Group).

Due to the nature of these investments, they are only suitable for experienced and sophisticated investors. They are not suitable for ordinary inexperienced investors.

A pension may have been mis-sold if:

• The risks involved were not properly explained to you.
• Your personal circumstances were not properly considered by your financial advisor.
• You were not properly advised on how your money would be invested.
• Your financial advisor did not carry out a ‘fact find’ exercise to establish your financial circumstances and objectives.
• Your attitude to risk or capacity for risk were not properly considered
• You were not provided with any specific advice in respect of the underlying investment.

If any of the above applies to you then you may have been mis-sold and you should speak with one of our mis-selling solicitors today for a free no obligation chat.

If you believe that you have been mis-sold a pension or investment it is important that you obtain legal advice as early as possible. At Birch Law we are experts in financial mis-selling claims such as mis-sold pensions and investments. We will be able to guide you through the process to recover your money and we will represent you on a no win no fee basis. Speak to one of our solicitors today.

Your financial advisor has a duty to check that the proposed investment is sound and that the recommendation to invest is suitable for you based on your individual circumstances.

We have experience of dealing with claims involving the following regulated financial firms: 1 Stop Financial Services; The Pensions Office; Moneywise Financial Advisors; Wealthmasters Financial Management Ltd; MAC Financial Advice LLP; Active Investment Services Limited; Douglas Baillie Limited; Better Retirement Group.

If you were introduced to a SIPP by a third-party introducer that was not authorised and regulated by the Financial Conduct Authority then you may still be able to recover your losses.

In addition, SIPP operators owe investors a duty of care. In March 2022 the Supreme Court handed down its decision in the much-anticipated Court of Appeal case of Adams v Options UK Personal Pensions LLP. The court found that Options (formerly Carey Pensions UK LLP) were liable for Mr. Adam’s losses in relation to his SIPP.

This case established that a SIPP operator owes an investor a duty of care, and that where an investor entered into an agreement with a SIPP company to transfer their pension and make an investment, which subsequently failed, in consequence of something said  or done by an authorised third party, then the SIPP company can be held liable and the investor can recover their losses from the SIPP company as a result.

The following are some of the SIPP companies that we have experience pursuing: The Lifetime SIPP Company; Berkeley Burke SIPP Administration Ltd; Carey Pensions UK LLP (Options Pensions); Rowanmoor Personal Pensions Ltd; Morgan Lloyd SIPP Services Ltd; Westerby Trustee Services Limited; Guardian Pension Consultants; and London & Colonial.

We will look to recover compensation to cover all your losses. We will also look to recover interest and if you have transferred a pension, we will also look to recover monies to compensate you for loss of your ‘notional transfer value’. This is the amount you would have made had you kept you pension where it was. The amount we can recover also depends on which route of redress is available.

The Financial Services Compensation Scheme is a statutory compensation scheme set up by the Government to compensate individuals for losses sustained because of negligent advice. The FSCS will only pay out in certain circumstances, such as they will only be willing to consider an application if the company you are complaining about has been found in default by the FSCS.

For claims involving companies that were found in default before April 2019 the level of compensation is capped at £50,000 per firm. For claims involving companies that were found in default post April 2019 the level of compensation is capped at £85,000 per firm.

If you want assistance in making a claim through the FSCS then please contact us today. We have years of experience in assisting clients bring claims through the FSCS.

The Financial Ombudsmen Service is a statutory service set up by the Government to help settle complaints between consumers and businesses that provide financial services.  Please note there are strict time limits that apply when making a claim to the Financial Ombudsman service. If therefore you want assistance in making a claim with the Financial Ombudsmen Service, you should contact us today.