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Pension Mis-Selling — South Africa

Pension Mis-Selling Claims — South Africa

South Africa has a substantial British expatriate and dual-nationality community. British nationals who transferred UK defined benefit pensions while living in South Africa may have claims through UK FOS, FSCS, and civil litigation routes.

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The Local and Regional Picture

South Africa hosts a significant number of British nationals and dual UK-South African citizens. During the 2010–2022 period, advisory firms operating in South Africa and targeting British expatriates recommended transfers of UK defined benefit pensions into SIPP and QROPS arrangements. These transfers frequently involved high-cost, non-standard investment structures that left clients worse off than had they remained in their original schemes.

Where the advisory firm arranging the transfer was not FCA-authorised at the time, FSMA s.27 applies — the SIPP contract is potentially unenforceable and the full transfer value is recoverable through civil proceedings. UK FOS jurisdiction applies to the UK-regulated SIPP element of the transfer regardless of where the advice was given.

South Africa-Based British Expat Claims

British nationals who received pension transfer advice while living in South Africa have access to UK claim routes for any UK pension transfer. A formal assessment will identify the specific routes available based on the adviser firm and transfer date.

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.

£150,000 cap (pre-Apr 2019)£455,000 cap (post-Apr 2019)
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.

£150,000 cap (pre-Apr 2019)£455,000 cap (post-Apr 2019)
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 applying for authorisation as a Claims Management Company regulated by the Financial Conduct Authority. FCA reference: [to be confirmed on authorisation]. Company number: 17295681. Registered office: 20 Wenlock Road, London N1 7GU. 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.
Redress Advisory Ltd is applying for authorisation as a Claims Management Company. FCA reference number: [to be confirmed on authorisation]. Registered in England and Wales. Company number: 17295681. Registered office: 20 Wenlock Road, London N1 7GU.
Your rights and our fees — in plain English
You do not have to use us

You can complain directly to the firm, refer to the Financial Ombudsman Service or apply to the FSCS — all completely free. If you use the free routes, you keep 100% of any compensation.

Our fees — CMCOB 5.2 sliding scale, success only
Redress received Max % Max fee
Up to £1,49930%£420
£1,500–£9,99928%£2,500
£10,000–£24,99925%£5,000
£25,000–£49,99920%£7,500
£50,000 and above15%£10,000

Compensation is paid directly to you. We invoice after you receive your compensation. You pay nothing if unsuccessful. Source: FCA PS21/18 (Chapter 2, Table 1) & CMCOB 5.2. Excl. VAT.

Compensation is paid directly to you. We invoice after you receive your compensation. You pay nothing if unsuccessful. Source: FCA PS21/18 (Chapter 2, Table 1) and CMCOB 5.2. Excl. VAT.

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Contact complaints@redressadvisory.com. If unresolved, refer to the Financial Ombudsman Service free of charge within 6 months of our final response.