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Why Bad Pension Advice Isn’t Always Obvious

In This Insight

People rarely contact us knowing exactly what went wrong with their pension.

More often, they say something much less certain:

“I think I might have been given bad advice.”

Something doesn’t feel right. Their pension may have started losing value, or they may simply have begun questioning a recommendation they previously trusted.

They know enough to start asking questions.

They just don’t necessarily know what, or when, something went wrong.

The Problem May Only Become Obvious Later

Some of the pension cases we dealt with historically were much easier for clients to recognise.

They might have been introduced to an unregulated business, put a substantial proportion of their retirement savings into a high-risk investment and eventually lost most or all of their money.

Something had clearly gone badly wrong.

The concerns we increasingly encounter can look very different.

Someone may have received advice from a regulated financial adviser. The recommendation may have seemed perfectly reasonable at the time. Nothing dramatic necessarily happens.

Instead, a problem can emerge gradually.

The pension may start declining, or something may cause them to look back at the original recommendation and question whether it was really right for them.

As one of our pension specialists put it:

“It’s not always immediately obvious.”

The advice may have been given years earlier. The questions about it can come much later.

The “Light Bulb Moment”

Often, something eventually prompts that first question.

For many people, it is seeing their pension start to lose value.

We sometimes think of this as the “light bulb moment” — the point at which someone who previously trusted the advice begins to wonder whether they should look at it again.

We are also seeing people notice potential problems earlier.

Pension apps and easier access to information mean people can monitor their retirement savings more closely than they might have done in the past. They may start researching a concern as soon as something doesn’t look right.

But noticing a problem and understanding its cause are two different things.

Someone might know that their pension has fallen without knowing whether that is simply the result of market movements, the investments they hold or something about the original advice.

They have the first piece of the puzzle.

Not necessarily the answer.

A Falling Pension Is a Clue, Not a Conclusion

Seeing your pension lose value can understandably make you question the advice you received.

But a fall in value does not, by itself, mean that the advice was unsuitable or negligent. Investment values can rise and fall for many reasons.

The important distinction is that the loss may be what makes you start asking questions without being the answer to what went wrong.

That’s why we don’t draw conclusions from investment performance alone.

You Don’t Need to Know Exactly What Went Wrong

Initial enquiries about pension advice are often quite vague.

Someone may remember being advised to transfer a pension, enter drawdown or invest in a particular fund. They may know that the outcome isn’t what they expected.

What they often can’t tell us is exactly where the problem lies.

That is very different from establishing that negligent advice actually occurred.

When we assess a potential claim, we look at the person’s circumstances at the time, what was recommended, why it was recommended, and the evidence showing how the advice was given.

There isn’t always one investment, document or mistake that provides an immediate answer.

Sometimes we have to reconstruct what happened before deciding whether poor advice may have crossed the line into professional negligence.

You Don’t Need to Have All the Answers

People don’t always realise immediately that something may have been wrong with their pension advice.

Sometimes the first indication is simply that something no longer makes sense.

A change in pension value might prompt the question, but it doesn’t provide the answer.

And you don’t need to know exactly what went wrong before you start asking why.

Sometimes recognising that something deserves a closer look is enough to start asking the right questions.

No win, no fee

Answer a few quick questions and request a free callback. Our team will contact you for a no-obligation chat and explain the next steps.

    Thank you for your enquiry. Unfortunately, we are not currently able to accept new cases that fall outside the applicable limitation period. You may wish to seek independent legal advice regarding your specific circumstances.

    Thank you for your enquiry. Unfortunately, we are only able to assist clients who are resident in the UK. We recommend contacting a legal adviser in your own country of residence.

    Thank you for your enquiry. Unfortunately, we are not currently accepting new cases outside of our core areas of practice.

    Thank you for your enquiry. Unfortunately, we are not currently able to accept new cases where the potential claim value is under £5,000, as the costs of pursuing the claim would likely outweigh the benefit.

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    About the authors
    Tim Hampson - Head of Professional Negligence and Financial Mis-Selling
    Tim Hampson
    Head of Professional Negligence and Financial Fraud & Mis-selling
    Phone
    0208 877 8705
    Email
    [email protected]

    Tim qualified as a solicitor in 2011 and has substantial experience handling professional negligence, financial mis-selling and fraud-related claims, including complex group actions involving systemic mis-selling.

    Read more about Tim H.
    Tim Wixted - Director, Senior Partner
    Tim Wixted
    Civil Litigation Specialist
    Phone
    0208 877 8700
    Email
    [email protected]

    Tim qualified as a solicitor in 1997 and has more than 25 years of experience advising clients on professional negligence, financial mis-selling and complex civil litigation matters. He oversees the firm’s professional negligence cases and advises on case strategy.

    Read more about Tim W.
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