Automation of processing overpayments for solicitor accounts

We are altering our procedure for the recovery of overpayments from solicitor accounts to an automated process for better efficiency for both parties.

When

We will commence the change in process from Monday 3 March 2025.

Key changes

1. Notification that an overpayment has been identified will now be emailed instead of posted – the email address will be the one used for all financial correspondence, such as remittance advice notices.
2. Overpayments will be recovered in line with advice given in the Scottish Public Finance Manual.
3. We will communicate twice, allowing time for a response from firms in relation to queries, disputes or any information firms/solicitors would like to supply in relation to the overpayment.
4. If no query or dispute of the overpayment is made within the stated time limit in the email notification, firms will have two options:
   a) return the overpayment to SLAB via bank transfer before the stated time limit
   b) do nothing and, after the stated amount of time has lapsed, we will recover funds
   via setoff from the next available payment.

Examples of overpayments

This is not an exhaustive list but highlights a few examples of when an overpayment may occur, such as:

• where there was an initial error in the type of case selected or a change in situation, for example a block fee was selected but the case is an appeal
• in a fixed fee case where the client has elected to transfer solicitor and partial recovery of the original fixed fee is to be made
• where there has been a change in VAT status at a firm
• where an error could have been made by solicitor or by SLAB staff.

More information

If you have any questions about the planned change, please contact the Receipts & Payments team.
Email: finance@slab.org.uk.