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Financial Adviser Complaint and Ombudsman Referral

A completed complaint to a regulated adviser about unsuitable pension advice, with a quantified loss, documents and Financial Ombudsman escalation.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# FINANCIAL ADVISER COMPLAINT AND OMBUDSMAN REFERRAL

Date: 7 July 2033

Parties: Owen Hughes and Brightpath Wealth Ltd

## 1. Purpose and parties

I, Owen Hughes of 4 Millbank Close, Cardiff CF11 8DL, make this complaint to Brightpath Wealth Ltd about advice given by its adviser Rachel Cole on 18 March 2029. Brightpath is the firm named on the suitability report and advised me about transferring £80,000 from my defined-benefit pension into a personal pension.

## 2. Facts, scope and terms

I told Ms Cole that I was aged 58, expected to retire at 62, needed a predictable income and was uncomfortable with investment losses. The report nevertheless recorded a balanced-to-adventurous risk profile and recommended transfer into funds now worth £67,400. I did not receive a clear comparison of safeguarded benefits, transfer risks, charges or the guaranteed income I gave up.

## 3. Process and responsibilities

I paid an initial advice fee of £2,400 and a tax charge of £1,600 through 30 June 2033; those are identified losses, subject to checking their treatment in redress. The former scheme's illustrative annual pension at 62 was £9,600 and the replacement illustration was £6,900, indicating a provisional £2,700 per-year shortfall that is not a one-off loss or a guaranteed entitlement. Its capitalised or projected value must be calculated under an FCA-compliant redress methodology, taking account of investment performance, tax and other relevant assumptions.

## 4. Evidence, records and safeguards

Please investigate whether the recommendation and transfer complied with the applicable FCA rules, including the requirement to assess suitability and explain material disadvantages. Please send the complete fact-find, risk questionnaire, suitability and transfer reports, illustrations, fee disclosures, meeting notes, call recordings and the basis on which the defined-benefit transfer was recommended.

## 5. Review, escalation and outcome

I ask for a written final response within eight weeks of this complaint, identifying the decision, evidence, calculation method and any offer. Redress should aim to put me, so far as money can, in the position I would have occupied had suitable advice been given; I do not treat £4,000 of identified fees and charges as the complete claim, and I do not assume that redress means reversing a transfer that may not be reversible.

## 6. Reservations and practical protections

I will provide statements and tax information reasonably required to calculate loss, while reserving confidentiality and mitigation issues. If the final response does not resolve the complaint, I may refer it to the Financial Ombudsman Service within the applicable time limits stated in that response. I understand the Ombudsman considers fairness under its rules and is not a court awarding an automatic amount.

## 7. England and Wales law and completion

This completed fictional complaint is dated 7 July 2033 and concerns a UK-regulated advice relationship. It is not a finding of misconduct, investment advice or a promise that the requested sum will be paid. I reserve contractual, regulatory and limitation positions and ask Brightpath to retain records and communicate through its complaints team.

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