Urgent advice needed, should I appeal a County Court Decision with Bank smart

[robertk1968]

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.

[EXC]

Well done for taking a stand against them.

I'll ask Amethyst about her view on an appeal.

[Amethyst]

Have you obtained the copies of the offer and acceptance letters between Birmingham Midshires and Bank Smart? If not ask both BankSmart and BM for them ( if they won't supply them specifically then submit a SAR to each ) It may be Birmingham Midshires that are at fault if they made an offer of £1695 to be removed from your outstanding balance which was accepted but then not carried out. As you went through a hearing then hopefully copies will have been supplied by BankSmart in their witness statement bundle. It may also be that BM made the offer and BS failed to accept the offer ( so also check that you informed BS you accepted the offer ).

[robertk1968]

Hi
There was only a letter of the offer and there was never one for acceptance.I spoke to BM after I got back from the court as the judge would not accept a copy of my mortgage statement as evidence, BM checked and confirmed it never came off my mortgage.and they have said they will send me a letter to confirm this.
We confirmed with Bank Smart at the time to accept the offer as well as telling them at a later date when they continued to chase us for the money that we had not received anything, unfortunately I think we done this via telephone.
Do you think it is worth appealing as I thought our mortgage statement showing our payments for the year never got adjusted this proving that the outstanding balance obviously never had a lump sum come off, and when I get the letter from BM confirming this. Will this be enough to appeal?
Thanks in Advance

[robertk1968]

Well done for taking a stand against them.

I'll ask Amethyst about her view on an appeal.

I have now received a letter from BM and they agree the offer was made but no payment was ever taken off of our mortgage.(They have since written to me and stated they would do that within the next couple of weeks)
Does this mean that the commission BS was after is null & void as no payment was ever paid.
Could I appeal this even though the written judgement has arrived today and it states permission to appeal is refused, even though he only told this to the BS solicitor when she wanted to appeal the bits she lost, when I asked if I could get further evidence to back up my claim about the BM payment he never refused me, he did state it would have to be something different from what I had already submitted?
I do not know if I can now make a claim
Thanks

[Amethyst]

It isn't actually anything to do with BankSmart but BM. Banksmart successfully obtained a refund of £x from BM to be applied to your account so their commission was due on it.

BM messed up by not doing the refund properly at the time.

So no I do not think you have reason to appeal the judgment.

Check that BM apply the refund as at the date it should have happened and any interest adjustments are applied.

[EXC]

At least Bank Smart's current terms state that commission is due on ''the total amount the Third Party agrees to pay in settlement of the claim....'', so I would have to agree with Amethyst.

[EXC]

…..however I'm wondering if you can ask BM for the interest you've had to pay on the judgment as a result of them not paying you at the time.