Financial Advisor Negligence
What is financial advisor negligence?
If your financial advisor has recommend an unsuitable or too risky an investment and you have suffered loss then you may have a claim against for financial advisor for negligence. If you are successful then you can recover the financial loss you have suffered.
We assist and represent individuals and small medium entrepreneurs (“SME”)s who have suffered financial losses through financial advisor negligence relating to pensions and investments.
Financial advisors must recommend suitable investments.
When you put your trust in a professional, such as a financial adviser, a pension specialist, bank or building society, especially with something so important as your pension or life savings, you expect that professional to act properly and treat your money with care and attention.
Financial advisers and other professionals are under a regulatory duty to make sure that the pension, investment, or financial product they recommend or sell you is suitable and appropriate for your personal needs and objectives.
If the investment is too risky your financial advisor may have been negligent
Risk level is very important, and some products, such as property funds, can be more high risk than you think. It is important that you understand exactly where your money is being invested. Financial products can be complicated and it is not always easy to tell whether a pension or investment is too high risk or just not suitable for your needs. That is why you put your trust in a professional.
If you have been advised to put your money in a product that is too high risk or not suitable for you, there is an increased likelihood that you will lose money and miss out on the opportunity to have your money grow in the manner it could have, if you had been advised properly.
Suitability includes recommending investments that match your appetite for risk. An assessment of risk includes considering the likely term of the investment and how volatile it might be and what other investments you have. A financial advisor is likely to have been negligent or to have mis-sold the investment if you suffer loss through a recommended investment and the financial advisor has not properly assessed risk.
What can you claim for?
If you have been the victim of financial mis-selling, you may be able to make a claim for:
- the money you have lost;
- the money that you could have made, had you not been mis-sold the pension/ investment or financial product in the first place; and
- interest on that money.
We have specialist experience of the complex regulatory regime which governs the financial sector, being the Financial Conduct Authority (“FCA”) and the Conduct of Business Sourcebook Rules (“COBS”) and of litigation to help people recover their monies.
Investments covered by a negligence claim
Have you been advised to invest into any of the following? We can advise on claims relating a wide range of investments including:
- Unregulated collective investment schemes (“UCIS”)
- Commercial property funds
- Guaranteed investment bonds
- High risk investment portfolio
- Off shore investments
- Derivatives, including
- Contracts for difference (CFD);
- Options; or
- Tax mitigation schemes, including
- Stamp duty land tax schemes (SDLT Schemes)
- Interest Rate hedging products
- Self-Invested Personal Pension (“SIPP”) claims; including
- Green energy investments;
Don’t delay – there are time limits
Although there is always a temptation to wait to see if the market might pick up, this is a risky strategy. Strict time limits apply to any claim you bring and you should act as soon as you believe there is or there may have been negligent financial advice. Once you see, or suspect you might see, something that concerns you or you don’t understand, make sure you obtain proper professional advice or you may well find yourself out of time to do anything about it. Time limits can be surprisingly short and delaying can find you without a remedy.
Funding your case
We understand that you might be concerned about the cost of investigating your claim. We have a range of funding options including flexible funding arrangements such as ‘conditional fee agreements’ (“CFA’s”) (“no win no fee”). At our initial meeting we will talk through the funding options and also ask you to check any insurance policies to see if you have insurance cover for legal fees. We can split the work into stages and agree with you how much work we will do so you need not be worried about legal fees going up without you knowing.
How can we help?
As soon as you think you may have been mis-sold an investment or received poor advice from your financial advisor contact us. The first step will be to meet with you in person or online and talk through your situation. After that initial discussion we may ask you to send us more information about the investments and we will be able to give you initial advice about whether you have a claim and what needs to be done and help you determine your next steps.
If you think you may have suffered financial loss because of your financial advisor negligence, we can offer you a free 30 minute Claim Evaluation consultation with Alex Williams . Alex is a solicitor experienced in dealing with financial advisor negligence claims. At the consultation you will be able to tell Alex about your position and the loss you have suffered. We will tell you how realistic your claim is and the next steps so that you have a clear action plan.