Home/Legal Guides/Lost money when a crypto exchange was hacked, froze withdrawals or collapsed: can you claim?

Civil & Commercial | England & Wales

Lost money when a crypto exchange was hacked, froze withdrawals or collapsed: can you claim?

Whether you can recover a loss from an exchange depends on its terms, where it is based, what kind of loss you suffered and whether it is solvent. This guide explains the questions that decide a claim.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Your claim is usually against the exchange under its terms of use. If the exchange covers the assets taken in a hack, the remaining question is consequential loss: for example, positions liquidated or trades you could not close while withdrawals or trading were suspended. Terms often limit liability for these losses, and may require arbitration abroad. But UK consumers have protections: unfair terms can be challenged under the Consumer Rights Act 2015, consumers may be able to sue in the UK where the exchange directs its business here, and an arbitration clause is treated as unfair for consumer claims up to £5,000. If the exchange is insolvent, your position depends on whether your assets were held on trust for you or form part of the estate.

Legal issues

The questions that decide a claim

  • Which entity is your contract with, and which law and forum does it choose?
  • What kind of loss: missing assets, or consequential loss caused by a suspension?
  • Exclusion and limitation clauses, and whether they are fair and binding on a consumer.
  • Jurisdiction: a consumer may sue in the UK where the trader directs activities to the UK (Civil Jurisdiction and Judgments Act 1982, section 15B).
  • Arbitration: consumer arbitration clauses are unfair for claims up to £5,000 (Arbitration Act 1996, section 91).
  • Insolvency: whether customer assets were segregated and held on trust.

Regulation

The FCA's full regime for cryptoasset firms starts on 25 October 2027. Until then, most crypto activity is outside the Financial Ombudsman Service and the Financial Services Compensation Scheme, so claims usually go through the courts or arbitration.

Evidence that matters

  • The terms of use and any product-specific terms (futures, margin, earn products) in force at the time.
  • Your account history, liquidation records and timestamps.
  • Platform announcements about the incident and any compensation scheme.
  • Evidence that the exchange marketed to UK users, if jurisdiction is disputed.

Reasonable lines of enquiry

Check whether the exchange has announced a compensation or reimbursement process, and what it covers. Compare your loss to what is offered. Look for clauses on force majeure, security incidents and liquidation during outages. Consider whether many users suffered the same loss, which can make grouped claims practical.

What happens next

  1. Use the exchange's complaints and compensation process first, and keep copies.
  2. Send a formal letter of claim setting out the loss and legal basis.
  3. If unresolved, issue proceedings in the right forum, or start arbitration if the clause binds you.
  4. In an insolvency, file a claim in the process and take advice on any proprietary claim to your assets.

Immediate steps

  • Screenshot and export everything now, before access or records change.
  • Do not sign a release or accept compensation that waives other claims without advice.
  • Note the time limits in the terms for raising complaints.

What should you send us?

Send the platform name, your loss and how it happened, the value, and whether you are a consumer or a business.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We review exchange terms, value consequential losses, write letters of claim, and bring claims or arbitrations for individuals and businesses. See contract disputes and civil and commercial disputes.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

The exchange says it will cover all losses. Does that include my liquidation?

Not necessarily. A pledge to cover hacked assets may not extend to losses caused by trading or withdrawal suspensions. Read the compensation announcement carefully and keep evidence of your position at the time.

Can I sue an overseas exchange in England?

Possibly. Consumers can often sue in the UK where the trader directs its activities here, even if the terms say otherwise. Businesses are more likely to be bound by the chosen forum.

Can I complain to the Financial Ombudsman?

Usually not for crypto exchange services at present, because most are not regulated activities until the FCA regime starts in October 2027. A complaint about your bank's handling of a payment may still be possible.

NEXT STEP

Check if you have a claim

Tell us the platform and what you lost. Call 0843 636 7687 or email [email protected]. We reply the same working day.

Check if you have a claim