Pension Mis-Selling — Malta

Pension Mis-Selling Claims — Malta

Malta is home to a significant British expatriate community and was a major hub for international SIPP and QROPS mis-selling. British nationals living in Malta who transferred UK defined benefit pensions may be entitled to compensation through UK routes.

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The Local and Regional Picture

Malta’s status as both an EU member and a common law jurisdiction made it a favoured location for expatriate financial advisory operations during the 2010–2022 period. Adviser firms regulated in Malta under MiFID passporting arrangements targeted British expatriates with recommendations to transfer UK defined benefit pensions into SIPP and QROPS structures.

Many of these transfers were arranged by overseas advisory firms that were not FCA-authorised at the time. This creates FSMA s.27 rights for affected clients — the SIPP contract is unenforceable if the Malta-based introducer was not FCA-authorised, and the full transfer value is recoverable through civil court proceedings regardless of where the client lives.

Fletcher v Options UK [2024] EWCA Civ 541 confirmed UK FOS jurisdiction applies to overseas-arranged transfers into UK-regulated SIPPs. Malta-based British expatriates have access to UK compensation routes.

Malta-Based Expat Claims

If you were advised by a firm operating from Malta to transfer a UK pension, a formal assessment will identify whether the firm was FCA-authorised at the time of transfer and which claim routes apply. Many Malta-based advisory operations qualify for FSMA s.27 civil proceedings uncapped by the FSCS limit.

Which Routes Apply

Route 1

Direct Firm Complaint

Where the firm that advised you is still trading, a formal DISP complaint is the mandatory first step. The firm must respond within 8 weeks.

£10,000 SRA cap
Route 2

Financial Ombudsman

If the firm rejects your complaint or fails to respond, escalation to the FOS is free. The FOS has upheld 55–77% of DB transfer complaints nationally.

£455,000 cap
Route 3

FSCS Compensation

Where the adviser firm or SIPP operator has failed and been declared in default, the FSCS pays compensation directly.

£85,000 per firm
Route 4

Civil Litigation

Where losses exceed the FSCS cap or FSMA s.27 applies, civil court proceedings may recover the full uncapped amount.

Uncapped
⚠ Time Limit Warning

The FOS applies a six-year absolute clock from the date of advice and a three-year awareness clock from when you first knew or ought to have known about your loss. Both clocks run simultaneously. For DB pension transfer advice given between 2015 and 2019, the six-year clock is now at or near expiry. Act immediately to preserve your claim rights. See redressadvisory.com/time-limits.

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Redress Advisory Ltd is a technology platform. Regulated claims work carried out by SRA-authorised Operating Partner solicitor firms. You may complain directly to the FOS (0800 023 4567) or FSCS (0800 678 1100) free of charge. Time limits apply. Legal references: Berkeley Burke v FOS [2018] EWHC 2878 · Adams v Options UK [2021] EWCA Civ 1188 · Fletcher v Options UK [2024] EWCA Civ 541.