Insights

Can I sue my financial advisor? Making a claim for financial negligence

Accountants, brokers, and financial advisors are important professionals with significant influence over their client’s finances. When professionals in these trusted positions give negligent advice or make mistakes, it can have serious financial consequences. If you have suffered a financial loss because of a professional’s negligence, you might be able to claim compensation.

Our team of expert financial negligence solicitors help people with all kinds of financial disputes.

We help people who have been:

  • Mis-sold a financial product or service.
  • Let down by bad financial advice.
  • Experienced negligent service from a financial advisor.
  • Otherwise suffered loss while investing or taking part in a financial scheme.

Some of the financial negligence claims we deal with involve pensions, banking services, mortgages, secured loans, investments, and equity release schemes. We know that it can be hard to put your trust in another professional after you have been let down. Financial negligence is a specialist area of law and requires an understanding of where and how the financial advisor went wrong.

We are experts in analysing evidence and scrutinising whether a claim will be successful. When we meet with you, we will listen to what has happened and set out your options clearly so that you can make an informed decision. We will never encourage you to make a claim if we do not believe you have a good chance of success.

What is financial advisor negligence?

Even the most financially informed person can fall victim to negligent advice, scams, or mistakes. Financial advisors are under a regulatory duty to make sure that the product or service they recommend for you is suitable and appropriate for your personal needs. If your advisor gave you bad advice or made a mistake and you suffered a loss, you may be able to make a claim for compensation.

What are the time limits for making a claim against your financial advisor?

The Limitation Act 1980 sets a time limit of just 6 years to make a claim after the date that you ‘suffered damage’. This is not always straightforward; the Court might deem that the damage occurred longer ago than you thought, or the negligent advisor may deliberately cause delays to hinder your claim. It may take time to gather all the evidence and build your claim for the best chance of success.

There are many factors that can cause delay, so it is vital to get in touch with our team as soon as possible. Time is of the essence and the sooner we can begin work the better chance your claim has.

If you are worried about the time limit for your claim, don’t panic. There may be a way for us to extend the limit, but this area is highly complex. Contact us as soon as possible so that we can explore your options.

What is the process to make a claim?

Step One: Contact Burt Brill & Cardens
If you think you have suffered a financial loss because of negligence, your first step should be to contact our expert team on 01273 604 123 or email enquire@bbc-law.co.uk.

Our legal team will listen to what has happened and ask some key questions to identify if you have a claim. If we think you have a claim, we will gather and review all the relevant documentation. We might ask you to provide us with documents and evidence relating to your claim. If you need us to, we will obtain documents from your financial advisor on your behalf.

Step 2: Reviewing the evidence and letter of claim
Once we have reviewed the documentation in full, we will prepare a letter of claim. This letter tells your story. It sets out what has gone wrong, why the advisor is at fault, and frames the issue within the law and financial advisor’s regulatory code of conduct. The letter also sets out what financial compensation you need in order to remedy the position.

Your financial advisor is likely to be insured, and if so, have insurance panel solicitors representing them. You are likely to be up against a national or international law firm, so it is vital to instruct expert Solicitors like us to represent you.

Step 3: The response
Once we have sent the letter of claim, we will wait for the response. The time limit for a response is 3 months and 21 days, and the other side is likely to use that time up – even more reason for you to speak to us as soon as possible to prevent further delay.

We settle many claims successfully without a Court trial. If the other side is not able to provide a satisfactory agreement, however, we will issue proceedings and go through the Courts. We are skilled litigators and will be by your side every step of the way.

Why choose Burt Brill & Cardens

“I used Burt Brill & Cardens Solicitor’s for a dispute regarding a Hackney Council negligence claim.  I had been working on my dispute for over 2 years and been offered a settlement figure of £25,000, however my claim was for £100,00. 

I was up against a world wide Loss Adjusters and had done well to get an offer at all, both Insurers and Hackney Council had been dragging the case on and on and COVID gave everyone the perfect reason to continue to waste more time.  This was obviously a tactical plan as they inform me that my case was now “timed out”. This was when I approached Alex Williams of Burt Brill & Cardens.

There are certainly times when you need professionals no matter how good you think your case is and that is exactly what I experienced.  The long and short of it was my claim was paid out to the value of £75,000 plus my costs.  I am delighted not only with the payout but to have this all behind me and not to have had to go to Court.  This was a real David vs Goliath win. Thank you Alex and your staff.” – 5 Star Google Review from our client, Mr B.

The financial services industry is a maze. If you have found yourself lost while looking for answers about financial negligence, you are not alone. Making a claim for financial negligence is a highly complex task which requires an expert legal mind who can navigate both the law and the regulatory framework of financial service providers. Our expert team will combine their knowledge of the regulatory code, the law, and an in-depth understanding of calculating loss to help our clients recover compensation.

To secure and maximise your claim, it is vital to choose the right solicitor to be your compass and guide in the maze. Our team are your best asset. Speak to us today on 01273 604 123 or email enquire@bbc-law.co.uk.

Alex Williams

Alex works in professional negligence, contentious probate, and court of protection litigation. He also has a particular specialism in negligence claims in the financial services sector, including cases against financial advisers and pension providers relating to negligent mis-selling and mismanagement of both pensions and investments.

Read More About Alex
Unfortunately, we were involved with a property developer who was untrustworthy… when the developers remarketed the property without telling us and having paid a deposit, we were put in touch with Alex and Daisy who were absolutely first class to deal with. Thanks to their help and understanding we won. I can’t speak highly enough of Burt Brill & Cardens and would strongly recommend.
Contact

Get in touch

Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.

Find Us

30 Old Steine, Brighton, BN1 1FL