When people first contact us, they usually begin by talking about how much money they’ve lost.
It’s understandable.
If your pension has fallen in value, that’s naturally where your attention goes.
But interestingly, that’s rarely where we begin.
Our first question is usually much simpler:
Was the advice actually suitable?
Investment markets rise and fall.
No financial adviser can control that.
A period of poor performance doesn’t automatically mean someone received poor advice, just as strong investment returns don’t necessarily prove the advice was appropriate.
Good financial advice isn’t about predicting markets.
It’s about helping people make suitable decisions based on their personal circumstances, objectives and attitude to risk.
That’s a very different question.
And it’s one that often gets overlooked.
When we review a potential pension advice claim, our first questions usually aren’t:
“How much money did you lose?”
Instead, they tend to be:
Only once we’ve answered those questions do we begin looking more closely at the financial outcome.
That’s because the quality of the advice process often tells us far more than the investment performance alone.
Over the years, we’ve noticed that many people judge their adviser almost entirely by whether their pension has grown in value.
It’s an understandable reaction.
After all, retirement savings are there to provide financial security.
But investment performance doesn’t always tell the full story.
We’ve acted for clients whose pensions performed reasonably well, yet the advice itself raised serious concerns because it didn’t properly reflect their objectives or attitude to risk.
We’ve also spoken to people whose pensions fell in value simply because markets declined, even though the advice they received was entirely appropriate.
The investment result and the quality of the advice aren’t always the same thing.
One idea kept coming back throughout our discussions with our pension specialists.
Suitability should drive every recommendation.
That means asking questions such as:
Those questions remain important regardless of whether investments later performed well or badly.
That’s because good financial advice is measured by the quality of the decisions made, not simply by the eventual outcome.
This is perhaps the hardest idea to grasp.
If an investment performs well, it’s natural to assume the advice must have been good.
Sometimes that’s true.
Sometimes it isn’t.
A recommendation can still be unsuitable if it exposed someone to more risk than they were comfortable with, failed to reflect their retirement objectives or ignored important aspects of their personal circumstances.
Equally, a well-considered recommendation can still experience periods of poor investment performance because markets are unpredictable.
That’s why experienced pension solicitors rarely judge advice on investment returns alone.
If you’re reflecting on advice you’ve received, it may be worth asking yourself:
Those questions often provide a much clearer picture than pension values alone.
If your concerns are based solely on recent investment performance, it’s important not to jump to conclusions.
Markets naturally fluctuate.
However, if you’re beginning to question whether the recommendation itself reflected your circumstances, rather than simply whether your pension performed well, you’re already asking the same questions we ask when investigating pension mis-selling.
Sometimes the most important question isn’t:
“Did my pension lose money?”
It’s:
“Was the advice actually suitable?”
Perhaps that’s the biggest difference between how clients and pension solicitors often look at retirement advice.
Clients understandably focus on the investment.
We tend to focus on the recommendation that led to it.
Because long after markets have risen and fallen, the quality of that advice is often what matters most.
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.
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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.
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.
You do not need legal representation to make a financial services claim. You can complain yourself at no cost and under FCA rules, the financial services provider must provide a response. If you feel this is unsatisfactory, you can complain to the statutory redress bodies, the FOS and FSCS who can award you compensation. This is a free service.
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