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I have been to the small claims court to fight a case against me by Bank Smart regarding PPI claims, (commission and breach of contracts), although over half the claims against me was dismissed by the judge in my favour, he did find two invoices in favour of Bank Smart.
One he agreed there was a case for Breach of Contract, and the other one was he agreed with Bank Smart on the commission for a unfair charges levied on my mortgage account with BMS.(Birmingham Midshires)
My argument with the latter point was that I never received any money from BMS, neither was any amount taken off of my mortgage account. I backed this up with a copy of my mortgage statement which showed my monthly payments for that year never changed. I stated that if £1695.00 came off of the balance then my monthly payments would have changed as this is what has happened just recently over a miss calculation in our interest rates they were charging us.
The judge dismissed this as he said that was not always the case.
I have since come home and spent an hour on the phone to BMS and they have confirmed that after the decision in 2013 no money was deducted after the offer was made. They have also confirmed that they will put that in writing and send it to me within a couple of days.
I believe the judge has made an error in the decision by not accepting my initial evidence an this has now been proven to be correct and I would like to appeal part of the final judgement.
Can you advise me if I have a strong enough claim for an appeal and how would I go about it.
One he agreed there was a case for Breach of Contract, and the other one was he agreed with Bank Smart on the commission for a unfair charges levied on my mortgage account with BMS.(Birmingham Midshires)
My argument with the latter point was that I never received any money from BMS, neither was any amount taken off of my mortgage account. I backed this up with a copy of my mortgage statement which showed my monthly payments for that year never changed. I stated that if £1695.00 came off of the balance then my monthly payments would have changed as this is what has happened just recently over a miss calculation in our interest rates they were charging us.
The judge dismissed this as he said that was not always the case.
I have since come home and spent an hour on the phone to BMS and they have confirmed that after the decision in 2013 no money was deducted after the offer was made. They have also confirmed that they will put that in writing and send it to me within a couple of days.
I believe the judge has made an error in the decision by not accepting my initial evidence an this has now been proven to be correct and I would like to appeal part of the final judgement.
Can you advise me if I have a strong enough claim for an appeal and how would I go about it.
