Please find a list of frequently asked questions below.
Update for SSAS clients
Please click here to access an update to SSAS clients.
Regarding the Hartley Pensions Trustees Limited Director’s Letter
We are aware that clients have been sent a letter from the director of Hartley Pensions Trustees Limited regarding your pension scheme. This letter has not been approved by the Administrators and is factually incomplete and inaccurate.
Communications will be sent to all clients from the Administrators shortly. Despite extensive efforts, the Administrators have not been able to secure a sale of the Hartley Pensions Limited SIPP business. As such, the Administrators are in the process of structuring a Court approved plan to transfer out clients’ SIPPs on an individual or bulk basis. The communications will explain the timescales involved but it is not expected that this process will conclude prior to the first quarter of 2023. With regards to the SSAS book, a sale is likely to be agreed shortly and it is expected that a sale of the SSAS business will complete by the first quarter of 2023 with SSAS clients transferred to a new operator.
We remain committed to administering your pension scheme and appreciate that clients will be concerned from the communications circulated by Mr Flanagan. However, please note that these communications have been issued without any input from the Administrators and therefore are incomplete, inaccurate and should not be relied upon.
Clients are not required to do anything at this stage but we will notify all clients once the more detailed communications are issued.
Update: 7 November 2022 transferring my pension to another provider
On 12 September 2022 the FCA lifted the restriction preventing clients from transferring their schemes to an alternative provider.
Whilst the Joint Administrators acknowledge the lifting of this restriction, they are however unable to comply with any requests to transfer until such time as a full reconciliation of each client’s holdings has taken place. This reconciliation is underway and it is hoped that it will be completed by January 2023.
This does not affect the ability of clients to carry out normal transactions although there is still a restriction in place preventing voluntary contributions being made.
If you have any further queries, please email hartleypensions@uhy-uk.com
We anticipate that there will be a further update posted on the website on the progress in the administration in December 2022.
Update: joint administrators’ proposals
Please click here to access the joint administrators’ proposals. Please note that clients are being provided access for information purposes only and are not therefore able to vote on the proposed decisions.
Who are Hartley Pensions Limited ("Hartley" or the “Company”)?
Hartley is the manager and operator of your Self-Invested Personal Pension ("SIPP") and/or Small Self-Administered Scheme ("SSAS"). Hartley is a separate legal entity to the corporate trustees which hold the money and assets within your SIPP/SASS on trust.
What has happened to Hartley?
As a result of serious operational and regulatory issues, the Financial Conduct Authority ('FCA') imposed a number of requirements over Hartley. As a result, Hartley’s director sought professional advice and concluded that Hartley will or is likely to become cash flow insolvent in the future. Subsequently, the director has appointed Peter Kubik and Brian Johnson of UHY Hacker Young LLP as joint administrators (the “Administrators”) of Hartley on 29 July 2022.
Hartley remains subject to a number of FCA requirements agreed with by, or imposed upon, it. The requirements were agreed or imposed in an attempt for Hartley to correct a number of operational, financial and regulatory issues within the business and to protect Hartley's clients.
PLEASE REVERT BACK TO THIS PAGE FOR FURTHER UPDATES.
What is administration?
Administration is an insolvency process by which Hartley has been placed under the control of insolvency practitioners, who will manage the affairs of Hartley, instead of the director.
The Administrators have a statutory objective of achieving a better outcome for creditors than in a winding up of the firm (without first entering administration) and intend to continue to operate Hartley while a transfer of its SIPP book is arranged in order to meet this objective.
Who are the administrators and what happens next?
Peter Kubik and Brian Johnson, both of UHY Hacker Young LLP, were appointed as Administrators by the director of Hartley.
The Administrators are both qualified insolvency practitioners, regulated by the Insolvency Practitioners Association.
Are you in contact with the relevant regulatory bodies?
Yes, Hartley remains authorised and regulated by the FCA (in relation to SIPPs) and the Pensions Regulator (“TPR”) (in relation to SSASs). The Administrators are in contact with the FCA, which consented to the appointment of the Administrators, and are having initial discussions with TPR. They will also speak to other relevant agencies such as HM Revenue and Customs, the Financial Ombudsman Service ('FOS'), and the Financial Services Compensation Scheme ('FSCS'). You will be provided with all relevant information in due course.
What does this mean for my Self Invested Pension Plan ("SIPP") and Small Self-Administered Scheme ("SSAS")?
Hartley is the manager and operator of your SIPP/SSAS. The money and assets held in the SIPP/SSAS are held on trust by a corporate trustee which is a separate legal entity to Hartley.
The Administrators are now engaged in an accelerated sale process to secure an alternative manager and operator of your SIPP/SSAS. It is the intention of the Administrators to trade Hartley whilst in administration, subject to funding, to allow the Administrators time to arrange an orderly hand over of the management of the SIPP/SSAS to an alternative provider.
Is my pension safe?
Existing pension assets are held by trustee firms, which are not regulated by the FCA, and have not entered into administration. If this changes the Administrators will contact any clients affected.
How long will a transfer to a new provider take?
The Administrators are seeking to agree an orderly handover of the management of the SIPP/SSAS to an alternative provider as soon as possible. Please see the report at the top of the page for more information.
PLEASE REVERT BACK TO THIS PAGE FOR FURTHER UPDATES.
Can I transfer my pension to another provider now?
On 12 September 2022 the FCA lifted the restriction preventing clients from transferring their schemes to an alternative provider.
Whilst the Joint Administrators acknowledge the lifting of this restriction, they are however unable to comply with any requests to transfer until such time as a full reconciliation of each client’s holdings has taken place. This reconciliation is underway and it is hoped that it will be completed by January 2023.
This does not affect the ability of clients to carry out normal transactions although there is still a restriction in place preventing voluntary contributions being made.
If you have any further queries, please email hartleypensions@uhy-uk.com
We anticipate that there will be a further update posted on the website on the progress in the administration in December 2022.
Am I able to access my pension and make withdrawals?
The restrictions do not prevent you from accessing your pension in the normal course. For example, you are able to drawdown money in the usual manner, trade investments and request your pension commencement lump sum. The only restrictions are that no further contributions can be made to your SIPP and no transfers out can be made currently.
Can I still make contributions to my pension?
Members are not currently able to make any new contributions to their pensions. This is intended to ensure that no new member assets are received in a period in which customers cannot transfer out and/or Hartley is subject to the administration process.
Do I have to be transferred to a new provider?
Yes. It is intended that you will be transferred to a new provider, following which you may move to a provider of your choice. Any transfer to a new provider will require FCA approval.
Do I need to do anything?
No action needs to be taken at this stage whilst the Administrators identify an alternative service provider. Please bear with us. We will provide you with regular updates to let you know what is happening.
What if I owe Hartley money?
If you owe Hartley money you will likely be asked to pay that money. You will be contacted with details of where the money should be paid.
How do I complain to Hartley ?
The Administrators are doing everything they can to facilitate a smooth transfer to a third party provider. They ask that you bear with them whilst they do this but if you want to make a complaint, you can submit this to the following address:
E: Complaints@hartleypensions.com
T: 0800 063 9113 (Freephone for UK callers)
+4420 3282 8151 (international callers)
Can I make a claim to the Financial Services Compensation Scheme ("FSCS") relating to the failure (or insolvency) of Hartley?
The FSCS is the compensation scheme for customers of UK authorised financial services firms and protects consumers when those firms are not able to meet protected claims against them.
The FSCS will not be opening its online claims service against Hartley yet. Following Hartley's insolvency, the FSCS will investigate whether there are any claims protected under its rules that would allow the FSCS to declare a default and pay compensation.
If Hartley is not able to meet claims against it, and the FSCS identify any claims eligible under their rules, customers will be entitled to apply for compensation up to the limit of £85,000. The FSCS will work closely with the Administrators and investigate whether there are any claims that meet the qualifying conditions for compensation.
You can obtain further information about the FSCS on its website:
https://www.fscs.org.uk/making-a-claim/failed-firms/hartley-pensions/
Do I need to use a third party to make a claim?
Claims management companies may approach customers of Hartley, offering to help them bring claims against it. Be cautious if you are approached by one of these companies. For the vast majority of Hartley customers there is no benefit in involving a third party in making a claim.
The FSCS is free to use. However, it is not yet open to claims, pending its investigations into whether there may be any protected claims against Hartley that would allow them to pay compensation under their rules. The FSCS will publish updates on its website:
https://www.fscs.org.uk/making-a-claim/failed-firms/hartley-pensions/
Can I complain to the FOS?
As a result of the appointment of the Administrators, Hartley is protected by a statutory moratorium which prevents any legal processes being initiated against Hartley. Consequently, you cannot make a complaint to the FOS. However, if you want to make a complaint in the meantime, please submit this to the following address:
FAO: The Administrators
Hartley Pensions Limited (in administration)
c/o UHY Hacker Young LLP
Quadrant House
4 Thomas More Square
London
E1W 1YW
The Administrators will work with the FSCS to determine whether Hartley is able to meet eligible claims against it. The FSCS will not be opening its online claims services against Hartley yet.
I have an ongoing complaint with the FOS, what do I have to do?
If you already have a claim with the FOS, you don’t need to take any action at the moment. The FOS will be working closely with the FCA and the Administrators to agree an appropriate course of action. The FOS will contact you in due course regarding the next steps.
What has happened to Hartley’s staff?
Hartley's staff remain employed and the Administrators will continue to liaise with the staff throughout this process.
How do I contact Hartley?
You can contact Hartley in the usual way as follows:
Post: Hartley Pensions Limited, 5th Floor, 25 Marsh Street, Bristol, BS1 4AQ
Phone: +44 (0)117 316 9991
Email: admin@hartleypensions.com
Where will updates and correspondence be made available?
Updates will be posted on the UHY website at:
https://www.uhy-uk.com/hartley-pensions-limited-administration
How do I advise the Administrators of any matters?
If you wish to advise the Administrators on any matters, please email them at hartleypensions@uhy-uk.com
You can also write to them:
FAO The Administrators
Hartley Pensions Limited (in administration)
c/o UHY Hacker Young LLP
Quadrant House
4 Thomas More Square
London
E1W 1YW
What should I do if I am contacted by someone claiming to be from Hartley / UHY / a related company and you are unsure?
Please end the call and contact the Administrators on 0800 063 9113. Please remain alert to the possibility of fraud.
GDPR Fair Processing Notice
As part of our role as Administrators, we may need to access and use data relating to individuals. In doing so, we must abide by data protection requirements.
Information about the way that we will use and store personal data in relation to insolvency appointments can be found at https://www.uhy-uk.com/privacy-policy
It is important that you read this Fair Processing Notice so that you are truly aware of how and why we are using your data. This Fair Processing Notice supplements any other notices Hartley may have served on you and is not intended to override them.