PPI company claiming can't process anything "due to a virus"

I recently started a PPI claim with Assurant for PPI that I was told was compulsory for my mortgage.

they responded with:

Further to your request for policy information, please be advised this policy was originally set up on a Commitments Protection Ltd (CPL) scheme, underwritten by Commitments.

The policy was transferred to an Assurant Intermediary Ltd scheme, underwritten by Assurant General Insurance Ltd in February 2009. Unfortunately we do not have access to the original policy documents or the seller of the policy which were produced from the CPL on-line system. Due to a virus, their system and data became corrupt and we are unable to obtain copies of any policy documentation. Please note, this compliance breach was reported to the Financial Services Authority (FSA) by CPL.
I can't locate ANY info as to a reported breach online, Assurant are basically stonewalling.

Where do I go next? Do I raise a complaint via the Ombudsman, and if so, whats the best way to calculate the total PPI I've paid?

Also since they've failed their duty to have proper data backups, can I claim compensation for the extra hassle making the claim?

Any info greatly appreciated

Comments

  • No to both.

    There is no evidence you were mis sold anything.
  • dunstonh
    dunstonh Posts: 116,357 Forumite
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    I recently started a PPI claim with Assurant for PPI that I was told was compulsory for my mortgage.

    If it was sold by a mortgage adviser then assurant have no liability anyway. So, you wouldnt complain to them.

    When did you buy it (important) and was it single premium or monthly premium?
    Also since they've failed their duty to have proper data backups, can I claim compensation for the extra hassle making the claim?

    No. you have not lost out anything because of it.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • -taff
    -taff Posts: 14,494 Forumite
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    I would be saying, forget about it. Sounds like you paid and then stopped paying this years ago.
    Your info only has to kept for a recommended six years, not forever.
    And if you have no info, you can't expect someone else to have it either.

    MPPI is not a bad thing to have or to have had.
    Shampoo? No thanks, I'll have real poo...
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 14 September 2017 at 1:26AM
    I can't locate ANY info as to a reported breach online, Assurant are basically stonewalling.
    If you want to be certain, you can pay £10 for Subject Access Request (SAR) which legally entitles you to all information they have kept on file for you. If they still come back with nothing, you could complain to the ICO about this alleged "stonewalling". Note that you'd need far more evidence than simply being unable to find any verification online and the ICO won't be able to progress any PPI complaint, only ensure that what records exist are there for your perusal.

    To be honest, it sounds like you are complaining to the insurer rather than the seller of any PPI so even if they do (did) have records they won't have any liability for the sale or indeed any mis-selling.
    Do I raise a complaint via the Ombudsman
    You can't complain to the Ombudsman that the financial institution no longer have records and the Ombudsman has no powers to magic them up if they no longer exist.
    whats the best way to calculate the total PPI I've paid?
    Unless you have your own records/statements you can't calculate any payments you may (or may not) have made.
    Also since they've failed their duty to have proper data backups, can I claim compensation
    None whatsoever.
  • Actually it was being paid up until August 2017. and despite supposedly not knowing anything about the policy, they 'somehow' decided to cancel it.

    Thanks for the replies everyone, but I'm going to push this via the Ombudsman anyway.
  • dunstonh
    dunstonh Posts: 116,357 Forumite
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    Thanks for the replies everyone, but I'm going to push this via the Ombudsman anyway.

    This is destined for failure as Assurant only retailed via mortgage brokers/advisers or via comparison sites. It did not operate its own salesforce.

    So you would be complaining about them misselling something they didnt sell to you.

    You may want to answer the questions asked as they are important. Such as:
    1 - who sold it you? Or did you buy it online?
    2 - When approx was it sold to you?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • I'm going to push this via the Ombudsman anyway.
    As already pointed out, even the Ombudsman can't somehow make records which have been deleted re-materialise. Push the ICO if you truly believe there is deliberate withholding of your information.

    You also appear to be complaining to the wrong institution, so even if records were to be found somehow you'd still meet that "stone wall" I'm afraid.
    dunstonh wrote: »
    This is destined for failure as Assurant only retailed via mortgage brokers/advisers or via comparison sites. It did not operate its own salesforce.
    Quite.
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