Recovery of sums to be repaid to the fund

Thursday, Oct 10, 2013

In accordance with our processes and procedures, we regularly write to firms requesting the return of sums paid to solicitors that we have identified as having been incorrectly paid for various reasons.

The most common reason for us requesting a refund of sums paid relates to cases where the nominated solicitor has claimed the full fixed fee, but where there has been a subsequent transfer of the case to another solicitor(s).

In some cases we have received no reply to our written requests for repayment of sums paid in these circumstances despite the nominated solicitor having signed the declaration on the reverse of the synopsis. 

To reduce the administration involved concerning repayment of any sums due to the Fund, we have revised our process.

From 1 November 2013 where a transfer of solicitor has taken place and you have received payment in excess of what you are entitled to in terms of the regulations we no longer write to you for any sums due to be repaid to the fund.

Instead, we will notify you of the amount that will be deducted from any payment that is pending to be made to you. We will also notify you of when the sum due will be deducted together with details of the case(s) that the re-payment will be taken from.

You should receive the VAT summary and the notification on the same day to enable you to reconcile your records. However, the VAT summary will not show the actual deduction so we recommend that you attach a copy of our letter to this for accounting purposes.

This will only affect fixed fee transfer cases at present. 

For more information

Please contact Judith Cemery, Manager, Accounts Assessment, by emailing

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