Time limits for making a claim

Bring your claim as soon as you can

We encourage customers to raise concerns and pursue claims as soon as possible. This is both for practical reasons and because legal time limits may apply.

It can be more difficult to investigate claims made many years after the events in question. Documents may no longer be available, records may be missing and people may not accurately remember relevant events. This can make it more difficult for us to establish what happened. It may affect the outcome of a claim.

There are also legal time limits to be aware of. Time may start running as soon as the events you are complaining about take place. If you think you may have a claim, it’s usually best to raise it as soon as you can.

Time limits

Our rules require us to apply time limits when we look at claims for compensation.

The time limit that applies depends on the legal basis of the claim. FSCS starts by considering the time limits that would apply if the claim were brought in court under the Limitation Act 1980 (or equivalent legislation in Scotland and Northern Ireland).

Under the legislation, different time limits can apply to different types of claim.

When does time start running?

The point when time starts running will depend on the type of claim.
Time often starts running from the event that causes the claim, but this can vary.

In some cases, the legislation recognises that a person may not immediately be aware of everything they need in order to understand that they may have a claim. Time may start running later in these cases, when the person knew (or ought reasonably to have known) the relevant facts.

FSCS will assess the relevant time limit, and when it started running, on the facts of the individual case.

Common time limits (Illustrative guide)

This table is a guide only. It is based on the Limitation Act 1980, which applies in England and Wales. Time limits in other jurisdictions (including Scotland) differ.

The time limit that applies depends on the type of claim and the facts of the individual case. Different legal rules can apply in different circumstances. You may wish to take legal advice on how time limits might apply in your case. FSCS will assess the time limit on a case-by-case basis.

If your claim is about...	Time limit (often applies)	Time usually starts running from...
A breach of a contract or agreement	Six years	When the breach occurred
Negligent advice or services	Six years	When the loss occurred
Negligent advice or services (where the problem was not reasonably discoverable at the time)	The later of: Six years from when the loss occurred; or Three years from when the relevant facts became known (or ought reasonably to have become known) Subject to an overall 15‑year “long-stop”	Usually when the relevant facts became known (or ought reasonably to have become known)
A right created by legislation (a "statutory claim")	May depend on the statute, often six years	Usually when the event that caused the claim occurred

When does time stop running?

FSCS’s rules set out some circumstances where time will stop running for our purposes.

Time will usually stop running for FSCS’s purposes at the earlier of:

the date you first indicate in writing that you may have a claim against the firm; or
the date the firm is declared in default by FSCS.

Time may also stop running under insolvency law if the firm enters compulsory liquidation.

This means you should provide us with details and copies (if available) of any complaints or written communications about the claim that were made before you made your claim to FSCS. This includes complaints made to the firm or the Financial Ombudsman Service.

What if my claim appears to be out of time?

Under our rules, FSCS has the discretion to consider a claim made outside the time limits. This is only where the particular circumstances of the case can show that it is reasonable for us to do so.

If you think there is a reason you were not able to bring your claim within the time limit and you want us to take this into account, you should tell us and provide any evidence you have. You should not assume that we will be able to identify a basis to consider a claim outside the time limits if you have not asked us to do so, or that we will have access to relevant evidence if you do not provide it.

We will consider all the circumstances of the case. Relevant factors may include, for example, evidence of attempts to raise concerns about the matter earlier, and why those concerns were not progressed within the time limit, or serious personal circumstances that affected you being able to make a complaint within that time.

Please click the link to download and read the FSCS Limitation Discretion Policy PDF (157.6 KB) on our discretion to disregard limitation.