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Wrong interest in small claim

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  • Wrong interest in small claim

    Hello all,
    I have issued a small claim against my former landlord to have my deposit back. This person has responded but I have evidence to confirm I am right.
    I have also claimed the interest, but I made a mistake at this point: I did not include in the total amount claimed the interest until the claim was issued, and miscalculated the daily rate of interest until the date of judgement.
    If I did not do anything to amend it, what could happen? Would I win the case but be entitled to have only the deposit back, without interest? Or can the defendant win the case only because I made this error?

  • #2
    Hello

    Depends on whether the interest is more or less than what you should be claiming. If more, you could simply inform the other side of the error and let them know that you will be seeking to claim X interest. You could explain briefly to the judge that there has been an error in the calculation of interest and you are in fact looking to claim X instead of Y. If it is less interest, then you can try to persuade a court that you should get more, but as you have pleaded it specifically, that may be all you can achieve.

    The fact that your interest is wrong shouldn't be fatal to your claim if there is a serious case to be tried. Unless of course you have grossly exaggerated your interest, the court might disallow it completely.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Hello,
      thank you for your response.
      Being more specific, the correct daily rate of interest from the day of issue up to the day of judgment is 0.09 /day, while I was stupid enough to state 0.9 /day without double-checking properly. I must have just forgotten to type a 0 in my calculator, but the result I had is 10x higher. I'm not sure if it would count as "grossly exaggerated"
      On the other hand, I should have also included the total interest from the date it started to be due to the day of issue (roughly 10) in the total amount claimed, but I forgot to do that. So the total amount claimed is slightly less than how much it should be.
      I've already informed the defendant of the error and explained I'm open to withdraw from claiming any interest. I'll also be open to official negotiation before going to a court hearing (but the other part must agree too, otherwise there won't be any negotiation).

      Comment


      • #4
        What I really care about is to have my deposit back. I have clear evidence that it has not been paid and the defendant had no rights to do so, therefore I hope I'll be allowed to stress this.

        Comment


        • #5
          Nobody can answer the question with 100% guarantee as to whether your claim is going to be chucked out simply because you miscalculated the interest. However I would say with relative certainty that you would not see that happen as it is draconian and disproportionate.

          Focus on your claim and address the anomaly at the end when you've finished presenting your case so that the judge is aware.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment

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