Episode 5 The Sheriffs Are Coming


Episode 5

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Transcript


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Who do you turn to if you're ripped off?

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I did outline all the faults in the vehicle. He rejected all those.

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A court of law backs you but you still don't get your money.

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Little did I know how long it would take to recover the money from him.

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Sorry.

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It's time to call the sheriffs.

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We have every right to enter the premises by force if necessary.

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We WILL be entering that building.

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Sheriffs are High Court enforcement officers

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who recover what a court judgement says is owed.

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The writ orders us to come here

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and seize goods to the value of this debt.

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They're the experts in getting cash that's rightfully yours.

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£1,323.

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But fighting for the underdog isn't a job for the faint-hearted.

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-Mind yourself.

-I'll back that truck through your windscreen.

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Debtors aren't pleased to see them.

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-They're harassing me.

-Because they hate paying up.

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-Are you happy for me to leave you this paperwork?

-I'm not. Go away.

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In today's programme...

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Robert Baker was made redundant after trying to return to work

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following a kidney transplant.

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He won an employment tribunal but his ex-boss hasn't paid a penny.

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Can the sheriffs put that right?

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The total outstanding, £8,621.20.

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And they might be worth £31.4 billion in revenue,

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but no company is too big for the sheriffs to take on,

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on behalf of an unhappy customer.

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High Court enforcement. We've been issued a writ for Barclays Wealth.

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And office manager Joan Wales won compensation for unfair dismissal

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but never got her cash.

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The sheriffs go to the home of her former boss.

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If you want to call the police, Mr Lydford, call them.

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They want to take his car to pay the debt

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but he's got different ideas.

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-If you obstruct a court officer, you can be arrested.

-Right, Mr Lydford.

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Try it. Go for it.

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Robert Baker lives in Witham, Essex.

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Robert used to work for a central heating company

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as a domestic heating and plumbing engineer.

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But one day he had an accident at work

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and it changed his life for ever.

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I was taking out an old cast-iron bath

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and a bit of the metal had got stuck in my foot

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and I ended going to hospital and my foot had become infected.

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Robert had blood tests and the next thing he knew, a kidney specialist came to see him.

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He told me that my kidneys were only functioning at 10%,

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so I had to go back and see him a few weeks later

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and they confirmed that I was going to need a kidney transplant,

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which all came as a bit of a shock.

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The consultant told Robert his kidney problems were related

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to the diabetes he'd had since childhood.

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The blood test following his accident had revealed

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a life-threatening underlying problem.

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I was quite bewildered by it all and frightened, I suppose.

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I thought, "What next?"

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Despite the shock of his diagnosis,

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Robert wanted to continue life as normally as possible.

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He returned to work while he waited for his transplant.

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Robert tried hard to minimise the impact of his health issues on his employer.

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I just got on with my work.

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I had to have various tests and all that done over the next 12 months.

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The hospital appointments I took out of my holiday entitlement,

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so it wasn't like I'd been off

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and put them in an awkward situation by keeping having time off.

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It took about a year having all the tests done

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and got put on the waiting list in October 2008

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and within two weeks, I'd had the transplant done.

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Robert was in hospital for four weeks after the transplant

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and then spent five months recovering at home,

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before feeling strong enough to go back to work.

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He called his boss to let him know he was ready to return.

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He said, "I'll have to see what I've got for you."

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And I thought, "What do you mean, what you've got for me?

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"That's my job."

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And then the next thing I know I got a letter in the post

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saying, like, your job's at risk and you'll be invited into the office

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for a meeting to discuss redundancies.

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Robert was the only employee made redundant.

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He went to an employment tribunal

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which found the correct procedures hadn't been followed

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and awarded him £10,000 compensation.

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But the company only paid £3,000.

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Robert went to a solicitor and now has a High Court writ for the money

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but he still hasn't been paid.

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I've done as much as I can to get the money back,

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in a legal way, as it were.

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There's only so much you can do.

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I've gone about it in the right way, going through the solicitor.

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At the end of the day, there's only so many things a solicitor can do.

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It's almost two years now since, you know, since the judgment

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and it's gone on for too long.

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Robert had one last option. He called in the sheriffs.

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This High Court enforcement office despatched two officers

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to execute Robert's writ.

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It's 7.30am. Sheriffs Lawrence Gricks and Kev McNally

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are going to Chelmsford to see Robert's former boss.

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When we get there, I would hope, in an ideal world,

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they'll just put their hands up and say, "Yeah, we owe the money," and pay it.

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But we are there to remove goods. That's what the writ orders us to do.

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We're not actually there to collect money,

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we're there to seize the defendant's goods to clear the debt

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and the only way they can prevent that from happening is to pay us in full.

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Lawrence and Kev have arrived but the office looks closed.

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-No, not here yet.

-Let's see.

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HE KNOCKS

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Sheriffs don't give advance warning of visits.

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The surprise element makes it easier to track down debtors.

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-Give them a call or not alert them?

-Not going to alert them yet.

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The van in the car park could be removed to help pay off the debt,

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if it belongs to the business.

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We've blocked it in. If it's clear on finance,

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chances are we'll be able to take it if we need to.

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So it's just a bargaining tool.

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-Wait for them to turn up.

-We might as well sit in the van and keep warm,

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finish off the coffee.

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While Lawrence finishes his early morning coffee,

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Kev checks out the company's website.

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Time for a little wind-up.

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-Half ten it opens.

-No?

-No, I'm joking.

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At ten to nine, a car appears.

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This is it.

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Lawrence manoeuvred the van to get an early sight of any arrivals.

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A4 S-Line.

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The driver goes into the office and the sheriffs pounce.

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Game on.

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Hello!

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Sorry to nab you the second you walk in but we've been waiting a while.

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-High Court enforcement officers.

-Right.

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We're here today to enforce a writ of execution

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against PD Lawrence and Son Ltd.

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It's an employment tribunal case and a former employee, Robert Baker.

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-Yeah.

-The total outstanding, £8,621,20.

-Right.

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And we need to collect that today in cleared funds or we're here to remove goods.

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-I'd better ring Andrew.

-Yeah, sure.

-I don't know anything about it.

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OK, no problem.

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Yeah, I've got the High Court officers here.

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Just here as I've just come in the door.

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About the money that we owe Rob. Do you know what's happening with that?

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Well, I can't, can I? Shall I just write a cheque?

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We don't take cheques, unfortunately.

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-Oh, they don't take cheques.

-Needs to be cleared funds.

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It can be bank transfer. We've got a chip and pin machine, so we can do a card payment.

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Is it 8,000 something?

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£8,621.20.

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£8,600 odd.

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The company owner has a debit card but he's over an hour away.

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The sheriffs can wait but will charge for the privilege.

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It's in the owner's best interest to settle this as quickly as possible.

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So do you have to stand here and wait?

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We have to remain on the premises,

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although technically we can force an entry anyway,

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because it's a commercial premises.

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But we need to wait on the premises.

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If you don't want us here, if there's somewhere we can sit out the way,

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we're quite happy to do that.

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-We don't want... We're not here to...

-Yeah, but...

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..to get in the way of your customers and stop you running your business,

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by any means.

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There's not really anywhere else to go, to be honest.

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Lawrence is quite happy where he is with his new best friend.

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Five minutes later, the receptionist, who's also a company director, returns.

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She's transferred funds into an account with a debit card.

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Robert may be about to get his money at last.

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Right, OK. Just give it a sec. It's configuring itself for some reason.

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But the chip and machine isn't playing ball,

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so Lawrence sees if he can get better reception in the open air.

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If you'd like to just put your card in there.

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At last, the machine comes to life. Robert's money is paid in full.

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All that's left is some final paperwork.

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OK, I'll leave you a notice of seizure.

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I've just written down your shredder and your printer,

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should anything go wrong with the payment

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and for whatever reason it not get in our account.

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It's not likely to happen because it's a chip and pin payment

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but that's basically, I've just seized those goods in case.

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-There's a copy of the writ for you.

-OK.

-OK?

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The sheriffs retrieve on average £2 million a month from debtors.

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They can now add £8,621.20 to that total.

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Happy days! Job done!

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We asked PD Lawrence and Sons to comment.

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They told us Mr Baker was not dismissed due to ill health

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but because of the economic climate at the time.

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The judge found that there was a valid case for redundancy in the company

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but the correct procedures had not been followed.

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Back at home in Witham, Robert is pleased he enlisted the sheriffs.

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It was never about the money. I didn't do it for the money.

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It was the principle, just purely, I wanted, you know,

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I wanted to be able to turn round and say, "What you done was wrong."

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I was awarded that money in a court.

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Why should they get away with it?

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Executing High Court writs is a job that dates back to Saxon times.

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We're looking for just under £5,500.

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I'm here today to execute a High Court writ.

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Your vehicles are going to be seized and if necessary removed.

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High Court enforcement officers have more powers than bailiffs

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to seize goods for auction to settle debts.

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We're here today to remove.

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-Did you put that clamp on?

-Yeah.

-Why?

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Because we're going to take it away.

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The name on the lease doesn't exist. Let's get this stuff out of here.

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Britain's High Court enforcement industry executes

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over 70,000 writs every year.

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We have a live writ and we are here to seize goods to clear the debt.

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Sheriffs return tens of millions of pounds to people owed money.

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That's brilliant. I've got my money back.

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When the cheque arrived, I thought that was wonderful

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because it made me feel there was hope.

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The office employs 40 full-time High Court enforcement officers

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and one man looking for their help is Dave Simpson.

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He runs a security firm in Bromley

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and feels mistreated after investing in a share scheme

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that ended up losing him money.

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He wants it back.

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The problem is, the people he wants it back from aren't any old company.

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They're Barclays Bank.

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Dave's problems started after Barclays Wealth department

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convinced him to invest £50,000 in a five-year share scheme

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whose value would go up or down

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in line with the FTSE 100 share index.

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There are risks with that, I understood the risks

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and I was happy to invest the money for five years

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on the basis of what was going on with the stock market.

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Two years into the five-year scheme,

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Barclays offered the chance for investors to leave it early,

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an opportunity that suited Dave.

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I decided that when I had the opportunity to get the £52,000 back,

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it would be very useful because I've got four children

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and they've all got various needs, education and housing,

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and I was going to help them out.

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Dave rang Barclays who confirmed that if he cashed in his shares with them there and then,

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he'd make £2,700 profit on his £50,000 investment.

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He decided to go ahead.

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So I wrote them a letter that specifically said,

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on the basis of what I was told on that day,

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that I would like to get my money back

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and also I put my email address, my mobile phone number down there

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and said this was what I expected to get back, what I was quoted.

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If there was a problem, because I realise things can change, let me know.

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Some weeks later, Dave received a cheque from Barclays.

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They'd cashed in his shares for £47,994,

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considerably less than the telephone quote for £52,000

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that had prompted him to sell them.

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Dave feels his letter was clear,

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that if the value of the shares had dropped,

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Barclays should've checked with him before selling them.

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I was pretty livid with it, pretty upset with what they'd said

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and the way they were sort of being dismissive.

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So I wrote a letter back to them saying, "I'm not happy.

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"I want you to escalate this complaint to somebody higher."

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Barclays refused to refund Dave any money.

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In response, he decided to go to the small claims court.

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Dave's claim was uncontested and the court awarded in his favour,

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so now he's been able to turn to the sheriffs.

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They will send officers along to the bank to claim my money

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and to get the cheque sent to me without further ado.

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I'm hoping to put myself in the position I would have been in

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previous to this whole thing going wrong.

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That's all I'm looking for

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and obviously any compensation for interest and the court fees.

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My understanding is that when you've got enforcement officers going in,

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that's pretty serious.

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If it was me owing the bank,

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they would have done the same actions as I've done.

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Dave called the High Court enforcement office

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and they swung into action.

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This time, sheriff Kev is joined by Mark Newton.

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We're just heading down to Docklands in London.

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We've got a writ for Barclays Wealth.

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The amount that's outstanding on this is £6,500.

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A High Court writ costs £60.

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If the sheriffs are successful, there's nothing more to pay.

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If not, there's an admin fee, also of £60.

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Barclays has revenues of £31.4 billion a year,

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Dave Simpson considerably less

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but as long as there's a High Court writ the sheriffs will do all they can

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to help Dave take on Goliath.

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We can walk in. If that's the address we've got, that's where we go.

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It doesn't matter what they do or who they are.

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I think they've definitely got the money at the moment.

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-They'll get their legal team on it.

-Yeah, the likelihood is

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they'll either just accept it and pay it

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or they'll get their legal team to talk to us.

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But we'll see. We'll see what happens when we get there.

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Hopefully, we can get to speak to the relevant person.

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Our first problem is going to be finding somewhere to park.

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But before they can tackle the parking issue,

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sheriffs Mark and Kev have got to get past Canary Wharf security.

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Hiya. I'm from the High Court. We've got a writ for Barclays Wealth

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at 1 Churchill Place.

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The sheriffs aren't the only special guests

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that security need to deal with.

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The guard tells them Seb Coe's coming with his Olympics committee.

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Canary Wharf security successfully negotiated,

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Mark and Kev head to Barclays head office.

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-Churchill Place.

-He said come back on yourself, didn't he?

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-He said park outside, didn't he?

-Yeah.

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-But not where Lord Coe's going to go.

-But it don't say "Lord Coe's parking space".

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I don't know but that looks like one of his...

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-That looks like the security.

-It does, doesn't it?

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Coe or no Coe, they park up in front of head office and head in.

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It's all going to go off now, isn't it?

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A minute. I said a minute, didn't I?

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-Hiya.

-Gentlemen, have you got...?

-I just need to...

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Barclays front door is as far as the security will let our camera go

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but Mark and Kev are allowed in to enforce Dave's High Court writ.

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-We'd better go to Barclays Wealth.

-We're from High Court enforcement.

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We've been issued a writ for Barclays Wealth.

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The sheriffs have delivered the writ paperwork.

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Now all they can do is wait.

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Half an hour later, Mark and Kev have finished their business at the bank.

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Unsurprisingly, Barclays haven't handed over any cash just yet.

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They weren't going to pay today.

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The writ was in the name of Barclays Wealth

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and they're saying that's a non-entity,

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it's just a name that they use for a little department.

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The guy said he's going to take it away, look at the paperwork

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and then if they have to pay it and it's owed, they'll pay it.

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It seems Dave's sued under the wrong company name.

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To get his money back, he'll have to bring another court action

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or get this one amended.

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It's all part of the lengthy process Dave will have to go through

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in his battle with Barclays.

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But thanks to the sheriffs,

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Barclays are at least now taking a great deal of notice

0:20:050:20:08

of his complaint.

0:20:080:20:11

Barclays told us that they regret any distress caused to Dave Simpson,

0:20:110:20:15

but said that due to an oversight,

0:20:150:20:17

the relevant department wasn't made aware of Dave's claim

0:20:170:20:20

until the sheriffs visited their office

0:20:200:20:22

and are in the process of arranging for the judgment to be paid

0:20:220:20:25

in order to resolve the matter.

0:20:250:20:27

6.30am and it's the first job of the day for sheriffs Kev and Lawrence.

0:20:330:20:39

They're acting on behalf of an office manager

0:20:390:20:41

who was sacked with minimal notice

0:20:410:20:43

from a company called Classical Flooring Ltd.

0:20:430:20:46

She won an employment tribunal and is owed over £10,000.

0:20:460:20:51

On a previous visit, the sheriffs went to the company showroom

0:20:550:20:58

and tracked down one of the owners.

0:20:580:21:01

Hello, sir.

0:21:010:21:03

He informed Lawrence that all the assets

0:21:030:21:05

had been transferred to another company

0:21:050:21:07

and so couldn't be removed to clear the debt to his former employee

0:21:070:21:11

and he had documents to prove it.

0:21:110:21:15

I'm quite happy with the paperwork I've seen

0:21:150:21:17

that none of the major assets in there, the equipment, the tools,

0:21:170:21:21

actually belong to the two gentlemen personally.

0:21:210:21:23

So there's nothing really at that premises we can actually remove.

0:21:230:21:29

Lawrence left empty handed but still noted the details of vehicles

0:21:300:21:34

that could potentially be taken at a later date to clear the debt.

0:21:340:21:39

The office manager, Joan Wales, was awarded £13,500

0:21:390:21:44

by an employment tribunal for unfair dismissal

0:21:440:21:47

but hasn't received any of it.

0:21:470:21:50

They just thought I'd walk away and I wouldn't fight for this.

0:21:500:21:54

But I do fight and I am fighting because it's...

0:21:540:21:59

it's wrong.

0:21:590:22:00

Joan was dismissed after over a decade of loyal service.

0:22:000:22:04

It's very hard. I didn't think they'd do it to me.

0:22:040:22:09

Fortunately for Joan, she has Kev and Lawrence on her side.

0:22:120:22:15

They're going to the home of one of Classical Flooring's former owners

0:22:170:22:20

to see if any property can be seized to clear the debt.

0:22:200:22:24

We've got a couple of cars to look for,

0:22:240:22:26

one of which shows up on the HPI register

0:22:260:22:30

and it shows up as a personal loan.

0:22:300:22:32

Now, a personal loan doesn't normally have any hold

0:22:320:22:37

over the vehicle at all.

0:22:370:22:39

It is just a personal loan

0:22:390:22:40

but sometimes the companies put it onto the HPI register

0:22:400:22:44

just to try and protect it.

0:22:440:22:46

We haven't got in touch with the finance company.

0:22:460:22:49

We want to find the car first or stop it from being driven away,

0:22:490:22:52

then we'll try and make contact with the debtor

0:22:520:22:56

and if necessary, we'll contact the finance company

0:22:560:22:59

to see if they have got any hold over it.

0:22:590:23:01

The sheriffs have arrived.

0:23:030:23:06

It's first thing in the morning to increase the chances of the owner being home.

0:23:060:23:11

The car in question, an Audi TT, is parked right outside the front door.

0:23:110:23:16

Mr Lydford?

0:23:160:23:17

He's not here?

0:23:170:23:19

Right. Are you able to get him on the phone, at all?

0:23:190:23:22

I'll show you some identification.

0:23:240:23:27

We're enforcement officers here to execute a High Court writ.

0:23:270:23:31

Basically, we're going to take away the Audi.

0:23:310:23:33

The person answering the doors says the Audi TT is on hire purchase

0:23:330:23:38

and doesn't belong to Mr Lydford.

0:23:380:23:41

It's not HP. It's a personal loan.

0:23:410:23:44

Are you Mr Lydford? Yeah?

0:23:460:23:48

Mr Lydford has suddenly appeared

0:23:480:23:50

and he's shut the door on the sheriffs.

0:23:500:23:53

Take the Audi, then.

0:23:530:23:55

But first the sheriffs need to call the finance company.

0:23:550:23:59

The Audi cannot be taken if it's on hire purchase and belongs to that company.

0:23:590:24:04

However, if Mr Lydford bought it with a personal loan, he owns it

0:24:040:24:08

and it can be removed.

0:24:080:24:10

-Hi, there.

-All right?

0:24:100:24:13

Hello, sir.

0:24:130:24:15

Mr Lydford asked the camera operator to leave his drive.

0:24:150:24:19

He tells the sheriffs that the Audi is definitely on hire purchase.

0:24:220:24:25

Right, we did a HPI on it and it's come back as personal loan,

0:24:280:24:32

which isn't financed.

0:24:320:24:33

I'm going to try and contact them now.

0:24:330:24:35

It's probably a bit early for them

0:24:350:24:37

but if it's a personal loan, we will be taking the vehicle.

0:24:370:24:41

Mr Lydford gets into the other car in his drive.

0:24:410:24:44

He may be making room to move the Audi before the sheriffs can take it.

0:24:440:24:48

He asks the sheriffs to move their van.

0:24:480:24:51

We won't be moving at the moment, no, sir.

0:24:510:24:53

Lawrence, mind yourself.

0:24:560:24:59

Lawrence, mind yourself, Lawrence.

0:24:590:25:01

We're not moving that, no.

0:25:020:25:04

-We won't be moving that.

-That will be criminal damage.

-We'll phone the police, you'll get nicked.

0:25:070:25:12

You'll be obstructing court officers from doing their job.

0:25:130:25:17

-Right, Mr Lydford...

-Try it. Go for your life.

0:25:170:25:20

Go for your life. I'm telling you, you'll get arrested for it.

0:25:200:25:25

You're now hitting my van, so...

0:25:250:25:27

Mr Lydford, we'll seize this vehicle as well...

0:25:270:25:30

Mr Lydford says Lawrence can't. The vehicle doesn't belong to him.

0:25:300:25:35

Right, well, you need to show proof of that, sir.

0:25:350:25:38

Yes, you do, sir.

0:25:380:25:40

It looks like Mr Lydford is giving up trying to force his way out.

0:25:470:25:50

He gets out of the car

0:25:570:25:58

and angrily tells the sheriffs the Audi is definitely on hire purchase

0:25:580:26:02

and cannot be removed to pay off the debt.

0:26:020:26:05

Right, sir, I've said to you, if it turns out that you're correct...

0:26:050:26:09

Because that vehicle is seized.

0:26:090:26:11

Mr Lydford accuses Lawrence of shouting at him.

0:26:110:26:14

He's not shouting. Why are you getting in his face?

0:26:140:26:16

I've got a loud voice. Stand back and I'll try and talk more quietly.

0:26:160:26:20

I'm not shouting, I just have a loud voice.

0:26:200:26:23

One of my colleagues came here before Christmas

0:26:230:26:26

and left seizure paperwork on the Audi.

0:26:260:26:28

Now, when you got that paperwork,

0:26:280:26:30

you were then obliged to notify, if it was owned by a finance company,

0:26:300:26:36

you were obliged to notify the finance company

0:26:360:26:39

that the vehicle had been seized.

0:26:390:26:41

They then had to get in touch with us

0:26:410:26:43

and make a claim for that vehicle.

0:26:430:26:46

You didn't do that, therefore we're obliged to remove it.

0:26:460:26:49

Mr Lydford goes back into the house.

0:26:500:26:52

Having successfully blocked the Audi in,

0:26:520:26:55

the sheriffs will wait until 9am,

0:26:550:26:57

when they can call the finance company to confirm who owns it.

0:26:570:27:01

But it's a bitterly cold morning.

0:27:010:27:03

Have we driven to the North Pole?

0:27:050:27:07

Mr Lydford comes back out and wants to know who the sheriffs are.

0:27:090:27:13

We're here to execute a High Court writ.

0:27:130:27:16

We came to you at your business.

0:27:160:27:18

He says if the sheriff's van isn't legally entitled to be there,

0:27:180:27:23

he's going to smash it.

0:27:230:27:25

-He's a bit more shirty than last time.

-I knew he would be.

0:27:250:27:29

The sheriffs wait in the relative warmth of the van.

0:27:290:27:32

-Half an hour later, Mr Lydford emerges again.

-He's coming out.

0:27:360:27:41

Stay in here for sec, see what it looks like.

0:27:430:27:46

Mr Lydford says he's taken legal advice

0:27:460:27:50

and the sheriffs must move their van off his drive.

0:27:500:27:53

If they don't, he says he will call the police.

0:27:530:27:55

Well, we've stated why we're here.

0:27:550:27:58

If you want to call the police, that's entirely your prerogative.

0:27:580:28:02

If you want to call the police, Mr Lydford, call the police.

0:28:020:28:05

-Excellent.

-It suits the sheriffs for the police to come.

0:28:050:28:10

The law is on their side.

0:28:100:28:12

They're in the process of enforcing a High Court writ

0:28:120:28:15

and they've done nothing wrong.

0:28:150:28:18

An hour later, there's still no sign of the boys in blue

0:28:210:28:24

but it may be the sheriffs who'll need to call the police.

0:28:240:28:27

Mr Lydford decides to escalate the situation.

0:28:270:28:30

What do you think he'll do now? Block us in?

0:28:320:28:34

-He can't, though, can he, without blocking the road?

-Oh, I don't know.

0:28:340:28:38

It looks like this could become a war of attrition.

0:28:450:28:48

That does make me laugh.

0:28:500:28:52

Have you called the police, Mr Lydford?

0:28:520:28:55

-It makes him look really stupid.

-I think so.

-Don't you think?

-Yeah.

0:28:550:29:00

It's now 9am, so Lawrence calls the finance company

0:29:000:29:04

and asks them to fax the paperwork relating to the Audi.

0:29:040:29:08

If the car is on finance and they hold the title to it,

0:29:080:29:12

the sheriffs can't remove it.

0:29:120:29:13

Hello, there, it's Mr Gricks, the High Court enforcement officer.

0:29:130:29:17

Half an hour later, the paperwork is faxed to the High Court enforcement office

0:29:180:29:23

but it is somewhat inconclusive.

0:29:230:29:25

I've got an email of the fax received by our office

0:29:270:29:31

from the finance company, with its covering letter.

0:29:310:29:35

I've been told to have a look at it myself for my own peace of mind

0:29:350:29:39

because it doesn't appear to say on it anywhere

0:29:390:29:42

that they actually hold title to the vehicle.

0:29:420:29:44

It just says, "Purpose of loan, if known,"

0:29:440:29:48

if there are any assets,

0:29:480:29:51

which does... it immediately implies

0:29:510:29:53

that there's no actual hold over the car.

0:29:530:29:56

But when it comes to High Court writ enforcement,

0:29:560:29:59

sometimes it pays to be cautious.

0:29:590:30:02

Having seen the Audi close up,

0:30:020:30:04

Lawrence doesn't think it will get more than £2,000 at auction,

0:30:040:30:08

so it might not be worth an expensive emergency legal battle today to prove ownership.

0:30:080:30:15

Lawrence decides to leave the ball in the finance company's court.

0:30:150:30:18

They have five days to prove without doubt they own the car.

0:30:180:30:22

Hello, Mr Lydford.

0:30:220:30:25

Right, I've spoken to my governor

0:30:250:30:27

and he said because of the value of the car and the legal costs involved,

0:30:270:30:31

we'll leave it.

0:30:310:30:32

OK? Because it's going to rack up costs for everybody concerned

0:30:320:30:36

unnecessarily.

0:30:360:30:38

I'll leave you the paperwork, OK? It's paperwork seizing that.

0:30:380:30:43

I've also, because we've not seen any paperwork, seized that, OK?

0:30:430:30:48

I'll get in touch with your guy from the finance company myself

0:30:480:30:52

to tell him what we're doing.

0:30:520:30:53

I imagine he'll get in touch.

0:30:530:30:55

He'll have to make his proper third-party claim against the vehicle, OK?

0:30:550:30:59

And the legal people will battle it out

0:30:590:31:02

without the necessity for it to actually go to the court, which it would.

0:31:020:31:05

Because if it ends up going in front of a master of the court, which it would,

0:31:050:31:10

then you're looking at more than the value of the car

0:31:100:31:13

just to have a hearing with the master and somebody has to pay that.

0:31:130:31:16

OK? So just to keep the legal costs down, that's what we'll do.

0:31:160:31:20

OK, so I'll give your guy a ring in a moment.

0:31:200:31:22

If you want to let us off your drive, we'll be out your hair.

0:31:220:31:26

Lawrence and his colleagues have one of the highest collection rates in the industry

0:31:290:31:33

but sometimes they do have to bide their time

0:31:330:31:36

before they can get the money for their clients.

0:31:360:31:39

I'm now going to get on to the finance company

0:31:390:31:42

and let them know what we're doing

0:31:420:31:44

and invite them to submit their third-party claim

0:31:440:31:46

in accordance with RSC Order 17,

0:31:460:31:49

which should have been done when we last left the paperwork with Mr Lydford.

0:31:490:31:52

I've no doubt this time they'll do that.

0:31:520:31:55

If it turns out it goes our way, we'll be back and take the car.

0:31:550:31:58

But it just saves the unnecessary legal expense

0:31:580:32:01

of actually having to battle it out in a court

0:32:010:32:05

and storage costs racking up on the vehicle.

0:32:050:32:08

Because nobody wins then

0:32:080:32:10

and the legal costs outweigh what you're going to get for the vehicle.

0:32:100:32:14

So Joan Wales may still get her money

0:32:150:32:18

but for the time being, she and the sheriffs must remain patient.

0:32:180:32:22

It's early morning and Mark and Kev are in the West Midlands.

0:32:300:32:34

The sheriffs' mission?

0:32:340:32:36

To get another member of the public the money they're owed.

0:32:360:32:39

We're off to Solihull now.

0:32:410:32:43

We're going to see a Mr Kent. He owes £1,900.

0:32:430:32:48

He used to run a post office, which he no longer does, apparently.

0:32:480:32:54

We're just going to his, like, private address now,

0:32:540:32:57

so we'll give him a knock this morning and see how we get on.

0:32:570:33:00

At the post office that the debtor, Pradeep Kent, used to run,

0:33:010:33:05

an elderly customer broke her foot in an accident,

0:33:050:33:08

leaving her housebound and in plaster for several weeks.

0:33:080:33:12

When lawyers representing her wrote to Mr Kent to pursue an injury claim,

0:33:120:33:16

he wouldn't confirm that he was the post office owner.

0:33:160:33:20

The lady and her lawyers have managed to prove

0:33:200:33:23

that he was the legal owner

0:33:230:33:25

but it's cost them thousands of pounds in court costs to do so.

0:33:250:33:29

The court awarded the legal costs against Mr Kent.

0:33:290:33:33

Some of this debt is still outstanding,

0:33:330:33:35

which is where Mark and Kev come in.

0:33:350:33:37

DOORBELL CHIMES

0:33:390:33:40

Here we go. Hold on.

0:33:450:33:46

Hiya. Mr Kent?

0:33:460:33:49

Mr Kent isn't in but his wife is.

0:33:490:33:53

Our camera operator has a conversation with her

0:33:530:33:56

and agrees to film from the road.

0:33:560:33:59

Mrs Kent says they've already paid off the money to the claimant.

0:33:590:34:02

..thought it was the same case, that's what I'm wondering.

0:34:020:34:06

You may have thought it was the same case that you've just paid.

0:34:060:34:10

And you thought it was all finished with.

0:34:100:34:12

Mark checks back in with the office to find out what's going on.

0:34:120:34:16

Yes, it's the costs. It's the costs of the last one.

0:34:160:34:19

The costs wasn't paid from the last case.

0:34:190:34:21

Some of the legal costs are still outstanding

0:34:210:34:24

and Mark and Kev aren't going anywhere until they've been paid.

0:34:240:34:30

We need to collect that amount or we'll start seizing goods.

0:34:300:34:34

Mrs Kent accepts she must pay the injured lady her money

0:34:340:34:38

but she's got to find the cash first.

0:34:380:34:42

We have to wait here while you sort that payment out.

0:34:420:34:45

Unfortunately, we have to charge if we have to wait.

0:34:450:34:48

We'll give you an hour and after an hour we'll start having to charge, yeah?

0:34:480:34:52

No problem. All right.

0:34:520:34:53

All this waiting around is bringing out the team spirit in the sheriffs.

0:34:560:35:00

I'm getting cold standing out here.

0:35:000:35:02

Come in here, pet. I'll give you a cuddle to keep you warm.

0:35:020:35:06

We spoke to the defendant's wife. Apparently, he's not here.

0:35:060:35:10

The lady's now trying to get the money together, supposedly.

0:35:100:35:13

If she refuses to pay, we'll start clamping up some of these vehicles.

0:35:130:35:18

Hopefully it won't come to that. We'll just have to see what happens.

0:35:180:35:22

The family should have no problem paying,

0:35:220:35:25

as a quick phone call back to the office confirms that just one car

0:35:250:35:29

would more than cover the debt.

0:35:290:35:30

-That's worth eleven grand.

-Eleven?

-Yeah.

0:35:300:35:34

-Is it?

-Yeah.

-That much?

-I don't know what year it is.

0:35:340:35:37

While Mark and Kev wait, an uncle arrives to help the family out...

0:35:400:35:45

..but it doesn't speed up the payment.

0:35:460:35:49

It's now 10.30am and Mark and Kev have been at the house for over an hour and a half.

0:35:500:35:55

There's still no sign of any money,

0:35:550:35:58

so Mark decides to try and move things along.

0:35:580:36:01

He sets about clamping the cars on the driveway.

0:36:010:36:03

He's showing that if he doesn't get the money,

0:36:030:36:06

he'll take the cars instead.

0:36:060:36:08

But this doesn't go down well with the uncle.

0:36:080:36:12

-(INAUDIBLE)

-I am.

0:36:120:36:14

-What are you doing? Whoa, whoa, whoa, whoa.

-I just fell over.

0:36:140:36:17

You didn't fall over. You didn't fall over.

0:36:170:36:20

-You do not touch him.

-You did not fall over.

-I did!

0:36:200:36:22

-Do you understand?

-All right, you fell over.

0:36:220:36:25

Did the uncle deliberately knee Mark or did he just fall over?

0:36:250:36:30

Whatever it was, it doesn't stop Mark clamping the cars

0:36:300:36:33

and it has the desired effect.

0:36:330:36:36

Mrs Kent agrees to pay up what the injured lady's owed in full

0:36:360:36:40

but she's still got to find the money

0:36:400:36:43

and as time goes by, Mark's bill isn't staying still.

0:36:430:36:47

OK, just to let you know that the bill is going up.

0:36:470:36:50

The amount is not what's on the letter there now.

0:36:500:36:53

It's gone up by £181.50 plus VAT.

0:36:530:36:56

DOOR SLAMS

0:36:560:36:58

It looks like Mark's tactics have paid off.

0:36:580:37:00

A family friend arrives with the money.

0:37:000:37:03

So I'll do £2005 on this.

0:37:030:37:06

No, sorry, hang on. I put 2005p instead of £2005.

0:37:060:37:11

-MACHINE BLEEPS

-Frozen brain, being outside for three hours.

0:37:110:37:15

OK, that's yours. I'll just do you a receipt for the payment.

0:37:150:37:19

With the full amount owed now collected for the injured lady,

0:37:190:37:22

Mark gets a chance to reflect on his run-in with the uncle's knee.

0:37:220:37:26

As I was clamping the vehicle, he sort of walked past me

0:37:260:37:30

and I didn't see what he done but he said he'd tripped over.

0:37:300:37:33

I think he might have tried to knee me a little bit

0:37:330:37:36

but it was all a bit handbaggy, nothing major.

0:37:360:37:38

We got there in the end. It took a couple of hours

0:37:400:37:42

to get the result we needed

0:37:420:37:44

but in the end they paid, like they should have done in the first place.

0:37:440:37:49

They'd have saved themselves the money for our waiting time.

0:37:490:37:52

They paid the full debt, so that's dealt with.

0:37:520:37:56

Sheriff Lawrence is going to see Joan Wales,

0:38:010:38:04

his client in the unpaid unfair dismissal case

0:38:040:38:07

against Classical Flooring.

0:38:070:38:09

-Hi, Joan?

-Hello.

-I'm Lawrence. Nice to meet you.

-Pleased to meet you.

0:38:110:38:15

-Come on in.

-Thank you.

0:38:150:38:16

Lawrence is reporting back on his visit to Mr Lydford's home.

0:38:180:38:22

We're not going to get into his house.

0:38:220:38:24

He was locking the door behind him, you know...

0:38:240:38:28

so he's got no assets that we can get our hands on, basically.

0:38:280:38:33

Because the ownership documents for the Audi were so inconclusive,

0:38:330:38:38

Lawrence recommends against taking the risk of removing it.

0:38:380:38:42

There's a potentially huge cost implication for yourself

0:38:420:38:45

if we did go and take it and then they put in a claim for it.

0:38:450:38:49

Right, OK.

0:38:490:38:50

The finance company could say, "Yes, we have got a title to it."

0:38:500:38:54

It then becomes a legal battle and if you dispute the claim

0:38:540:38:59

and it goes all the way to the High Court

0:38:590:39:02

where you go in front of a master and he makes the decision,

0:39:020:39:05

just the cost of doing that, and the storage in the meantime,

0:39:050:39:09

will probably outweigh the value of the vehicle.

0:39:090:39:12

But Joan was prudent enough to include both the Classical Flooring owners,

0:39:130:39:17

Mr Lydford and Mr Barnard,

0:39:170:39:19

in the High Court writ she obtained for her money.

0:39:190:39:23

If you'd like us to go round to Barnard's and try and catch him, that's what we'll do next.

0:39:230:39:27

So how do you feel about that?

0:39:270:39:29

-It's been very draining...

-Yeah.

-..personally wise,

0:39:290:39:34

through all of this,

0:39:340:39:36

because nobody wants to be on the receiving end of this

0:39:360:39:39

and nobody wants to be sat here like we are...

0:39:390:39:41

You shouldn't have to do battle to get what's yours.

0:39:410:39:45

I shouldn't have to worry about having to pay for anything that those people owe me.

0:39:450:39:51

Because a judge has sat there and said,

0:39:510:39:53

-"Joan, you are awarded £13,500," and this is all wrong.

-Yeah.

0:39:530:39:58

Totally wrong.

0:39:580:40:00

You won't get any disagreement from me there.

0:40:000:40:03

Joan wants the sheriffs to keep up the battle on her behalf

0:40:030:40:07

for as long as it takes.

0:40:070:40:09

I'll never let them get away with it, never.

0:40:090:40:12

I'll fight to the bitter end, so, yeah.

0:40:120:40:15

I will.

0:40:150:40:17

And Lawrence will continue his fight to get money for all his clients

0:40:170:40:21

who are owed cash.

0:40:210:40:23

The majority of people pay their way through life,

0:40:230:40:26

don't get into debt, don't refuse to pay for things.

0:40:260:40:29

It's the minority, the won't-pays.

0:40:300:40:36

There's systems in place to help the can't-pays.

0:40:360:40:40

But the won't-pays shouldn't be allowed to get away with it

0:40:420:40:46

and we're redressing the balance by going after them.

0:40:460:40:49

Since Mark and Kev visited former post office owner Pradeep Kent's house,

0:40:540:40:59

the injured customer is delighted to have received her money back in full

0:40:590:41:04

and is very glad she turned to the sheriffs.

0:41:040:41:06

A month after Lawrence and Kev went to Joan Wales's former boss's home,

0:41:080:41:12

Joan's considering forcing both of her former employers into bankruptcy,

0:41:120:41:17

to try to get the money she's owed.

0:41:170:41:19

The sheriffs will soon be carrying out another early morning seizure.

0:41:190:41:23

Hopefully next time things will prove more clear-cut.

0:41:230:41:26

And in Essex, kidney transplant patient Robert Baker is delighted

0:41:280:41:33

that he finally he got his £10,000 employment tribunal award,

0:41:330:41:37

thanks to the sheriffs.

0:41:370:41:38

I'm just ecstatic, to be honest, to have got the money at last.

0:41:390:41:44

Knowing that it's all done and dusted and I can just get on with my life,

0:41:450:41:50

it's just a huge relief.

0:41:500:41:53

Next time...

0:41:530:41:55

Plumber Ray Millett paid for and fitted a full central heating system

0:41:580:42:02

for a building company but he didn't get paid a penny.

0:42:020:42:06

To treat people in this way, it's pretty despicable, really.

0:42:060:42:09

Can the sheriffs get Ray his money back?

0:42:090:42:14

We're here to collect the payment, which is £11,100 now.

0:42:140:42:17

Sheriff Pete Spencer revisits a road services company

0:42:170:42:21

that owes a former employee thousands.

0:42:210:42:24

I'm a director of the company, I'm asking you to leave the premises.

0:42:240:42:27

-Phone the police.

-I will do.

-OK.

0:42:270:42:30

And when Jan Smith sold valuable items through a local auctioneers',

0:42:300:42:34

she expected a hefty cheque.

0:42:340:42:36

Instead she got an antiques no-show.

0:42:360:42:40

I haven't had any money whatsoever. It's just outrageous.

0:42:400:42:44

It is outrageous.

0:42:440:42:45

The sheriffs go in search of the cash she's owed.

0:42:450:42:49

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