What Evidence Do I Need for a Pension Mis-Selling Claim?
Nadeem Pervazis a solicitor at Edward & Amaury Solicitors, a law firm authorised and regulated by the Solicitors Regulation Authority. Content is reviewed for legal accuracy and compliance with FCA guidance and SRA conduct standards.
TL;DR — Quick Summary
- ▸The most useful documents are: suitability report, Transfer Value Analysis (for DB transfers), fact find, pension scheme correspondence, and any investment literature.
- ▸You do not need to have all of these documents before you can start — we will advise on what is available and how to obtain what is missing.
- ▸If you no longer have documents, a data subject access request (DSAR) to your former adviser can often recover them.
- ▸The absence of a suitability report, or a poor one, is itself evidence of an adviser failing.
- ▸Contact us for a free initial review — we will assess your case based on the information you have available.
A question we hear regularly is: "I don't have any paperwork from when I transferred my pension — does that mean I can't claim?" The answer, in most cases, is no. Many claimants do not have their original documents to hand, and there are ways to obtain them. This guide explains what evidence is useful, what is not essential, and what to do if documents are missing.
Why Evidence Matters
Evidence helps establish two core elements of a mis-sold pension claim:
- What advice you were given — was it suitable for your circumstances, investment objectives and attitude to risk?
- What loss you have suffered — how does your current position compare to where you would have been had you received suitable advice?
Strong evidence makes both of these easier to demonstrate. But the absence of documents can itself be significant — an adviser who failed to produce a suitability report, or produced an inadequate one, has fallen short of FCA requirements.
The Most Useful Documents
Adviser Documents
Suitability report
The written recommendation from your adviser explaining why the pension transfer or investment was suitable for you. Regulated advisers are required to provide this.
Client fact find or questionnaire
Documents recording your personal and financial circumstances, investment objectives and attitude to risk at the time of the advice.
Transfer Value Analysis (TVAS/TVC)
Required for defined benefit transfer advice — compares the transfer value against the scheme benefits.
Correspondence with your adviser
Letters, emails or meeting notes from around the time the advice was given.
Fee disclosure or terms of business
Documents showing what fees were charged and on what basis.
Pension Scheme Documents
Original scheme documents
For defined benefit transfers, documents from your former employer's scheme showing your guaranteed benefits — annual statement, member handbook or benefit projection.
Transfer value letter
The letter from the defined benefit scheme confirming the cash equivalent transfer value (CETV) offered to you.
New scheme documents
Paperwork for the pension you transferred into — e.g. SIPP application, policy documents, investment choices.
Annual statements
Statements showing the value of your pension before and after the transfer.
Investment Documents
Investment literature and marketing material
Brochures, prospectuses or information memoranda for any investments your pension was placed into.
Portfolio or fund valuations
Documents showing how your pension was invested and its value at various points.
Charges information
Any document showing the charges applied to your pension or investment.
What If I Do Not Have These Documents?
It is very common for claimants to have little or no paperwork from when their pension was transferred. Here is what you can do:
Make a Data Subject Access Request (DSAR)
Under UK data protection law, you have the right to request all personal data held about you by a firm or organisation. This includes your former financial adviser, their appointed representatives, or any successor firm. A DSAR must be responded to within one month and must include copies of relevant documents held about you.
Where a firm has failed or been wound up, records may be held by an administrator or successor firm. The FCA Register may show who holds records for a dissolved firm.
Contact the Pension Scheme Administrator
Your original defined benefit scheme administrator may hold copies of transfer correspondence, benefit statements and the transfer value letter. These can help reconstruct what happened even if adviser documents are missing.
Check With the New Scheme
The SIPP provider or investment platform that received your pension will have records of the transfer and any investments made. You can request these under a DSAR.
The Absence of Documents Can Support Your Claim
FCA rules required regulated advisers to give clients a suitability report before or at the point of recommendation. If your adviser failed to do so, or the report they provided was inadequate, this itself may constitute a regulatory failing that supports your claim.
What You Do Not Need to Have
You do not need to have all of the above documents, or even most of them, before making an initial enquiry. Many claimants come to us with only a general recollection of what happened and a handful of documents. We assess what is available and advise on the most appropriate next steps.
It is also not necessary to have a clear figure for your losses before you contact us. Quantifying losses is part of the claims process, not a precondition for starting it.
Start with a Free Review
The best first step is to contact us for a free, no-obligation initial review. Tell us what you remember about the advice you received, what happened to your pension, and what documents — if any — you have. We will take it from there.