DISP Time Limits — Complaints to the Firm
Under DISP (Dispute Resolution: Complaints) rules, a firm must only consider a complaint that is received within the following time limits:
- Six years from the date of the act or omission that caused the loss (e.g. the date of the advice to transfer)
- Three years from the date on which you became aware, or ought reasonably to have become aware, that you had cause to complain — whichever is the later
The 'date of awareness' test is critical. In many pension mis-selling cases, clients only become aware that the advice was unsuitable years after the transfer — for example, when their pension fund performs poorly, when the investment fails, or when media coverage alerts them to the wider scandal. This can significantly extend the time available.
FOS Referral Time Limits
If a firm rejects your complaint (or issues a Final Response Letter), you have six months from the date of the firm's Final Response to refer your complaint to the Financial Ombudsman Service.
If the firm has not responded within eight weeks, you can refer to the FOS without waiting for a response. The FOS also has its own time limit rules — generally the same six-year and three-year discovery tests as DISP — and it will consider whether a complaint is out of time even if the referral itself is made within six months of the Final Response.
FSCS Eligibility — When Claims Windows Open and Close
FSCS claims do not have a single fixed deadline. However:
- Claims can only be made against a firm that has been declared in default by the FSCS
- The underlying limitation period for the civil liability the FSCS is compensating still applies
- FSCS eligibility rules may limit which claimants are covered depending on when the advice was given, the product type, and the class of protection involved
Where a firm is 'under investigation' by the FSCS, claims can often be submitted early to assist the investigation — but compensation will not be paid until the default declaration is made.
Limitation Act 1980 — Civil Litigation
For civil litigation — including Route 4 uncapped recovery through SRA-regulated solicitors — the Limitation Act 1980 provides the governing framework:
- Contract claims: six years from the date of breach
- Tort (negligence) claims: six years from damage occurring, or three years from the claimant's knowledge of the damage and its cause
- Deliberate concealment: limitation period may be extended if the defendant deliberately concealed facts relevant to the claim
Section 32 of the Limitation Act provides that where a defendant has deliberately concealed relevant facts, the limitation period does not start until the claimant discovers (or could with reasonable diligence have discovered) the concealment. This can significantly extend the available period for pension mis-selling claims involving complex multi-party structures.
Key Dates to Know in the Pension Mis-selling Landscape
Several specific dates are significant across the SIPP and DB transfer mis-selling landscape:
- April 2019: FOS award limits increased (£455k for post-April 2019 advice; £200k for pre-April 2019)
- January 2019: Ban on cold calling in relation to pension transfers came into force
- April 2019: FSCS investment provision cap increased to £85,000
- September 2022: FCA PS22/13 (BSPS redress scheme) published
- 2024: Fletcher [2024] EWCA Civ 541 — Court of Appeal confirms SIPP operator due diligence liability