Episode 6 The Sheriffs Are Coming


Episode 6

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Transcript


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What do you do if you're ripped off and don't know where to turn?

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

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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 try and 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 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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I will back that truck straight through your windscreen!

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Debtors aren't pleased to see them.

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They're harassing me.

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Because they hate paying up.

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Are you happy for me to just leave you some paperwork?

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No, I'm not. Go away.

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DOOR SLAMS SHUT

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In today's programme...

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..plumber Ray Millett paid for and fitted a full central heating system for a building company,

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but he didn't get paid a penny.

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To treat people in this way is pretty despicable, really.

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Can the sheriffs get Ray his money back?

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

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Sheriff Pete Spencer revisits a road services company

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that owes a former employee thousands.

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Listen, I'm a director of the company,

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I'm now asking you to leave the premises.

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-Phone the police.

-I will do.

-OK.

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

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she expected a hefty cheque.

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Instead, she got an antiques no-show.

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I haven't had any money whatsoever.

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It's just outrageous. It is outrageous.

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

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5:30am, the M40. Sheriffs Mark Newton and Kev McNally

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are on their way to the Cotswolds

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for an early-morning rendezvous with a builder who owes one of their clients over £11,000.

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Obviously, first of all, we're going to try and get him to pay

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before we start going down the route of lifting goods from his house.

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You know, he may just accept the fact that he's got to pay

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and sort it out, but we don't know, we don't know.

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The man the sheriffs are there to help is plumber Ray Millet.

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He's self-employed and therefore has to take work where he can find it

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and he takes it on trust that he'll get an honest day's pay for an honest day's work.

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At least, that's how he imagined it would be

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when he came into contact with the building company RH Developments Cotswolds Ltd.

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They were looking for a plumber to carry out work at two new houses

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they were building at nearby Brackley.

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The potential was good, it was a big job.

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Two boilers involved, full central heating systems,

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two bathrooms to be installed, so it was a reasonably big job.

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For a one-man band, it was good work.

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There was nothing on site that suggested to me that everything wasn't OK.

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Unusually, the company asked Ray to provide

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and pay for the systems he was going to be fitting.

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Originally, they were going to supply, because I just,

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if you like, was cautious.

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Something told me that they should buy.

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And then they made the excuse, well, this is out in the Cotswolds,

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you're from Brackley, we're builders, not plumbers.

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Can you not supply, and we'll just reimburse you at cost?

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For the next two weeks, Ray got to work,

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putting in long hours and weekends to make sure he got the job done.

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He'd managed to fit one of the houses out completely

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when he put in his initial invoice and decided to wait for payment before continuing.

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But after several weeks of waiting,

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there was no sign of the money he was owed.

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Ray was left out of pocket and counting the cost.

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The immediate losses, of course, were the boiler costs

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and the material costs, which were just over £4,000.

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That was what I immediately lost.

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I also lost the £4,000 of labour costs.

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That has a huge impact.

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I was lucky at the time that I had tax savings,

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and I used the tax savings to pay my suppliers.

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Ray continued to chase his money, but got nowhere.

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After a couple of weeks, I said, "Enough."

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I then placed it in the hands of my solicitor.

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Ray took RH Developments Cotswolds Ltd to the County Court.

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The company didn't attend, and the court awarded in Ray's favour.

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Despite this, to date, Ray hasn't been paid a penny of the money owed to him.

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To treat people in this way is pretty shoddy

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and it's pretty despicable, really.

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Stronger words than that I'm sure I could use,

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but I feel pretty bad about it.

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It could put somebody bankrupt.

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£8,000 plus is not a small amount of money,

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and certainly not in today's economic climate.

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It's a lot of money, and it is going to be difficult for me

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to address that issue at the end of the month.

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The court might have found in his favour,

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but to get what he's owed, Ray's had to turn to the sheriffs.

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I feel great.

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If somebody's going to go knocking on this guy's door,

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then he's getting what he deserves through the law, through the legal process,

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and I have no problem with that whatsoever.

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Tasked with getting Ray's money back is this High Court

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-enforcement office.

-Good afternoon. How can I help?

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They deal with over 12,000 cases a year

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and retrieve over £2 million a month for people owed money.

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Oh, that's brilliant. That looks like I've got my money back.

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

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Sheriffs have more powers than bailiffs to enter properties, seize goods

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and auction them to settle debts.

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Basically, we are looking to remove that vehicle today, to clear the debt.

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And they only take on debts of over £600.

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We're looking for just under £5,500.

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Every year, over 70,000 High Court writs are executed by High Court enforcement officers in the UK.

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-We're here to seize goods.

-Oh.

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And this morning, two of those officers, Mark Newton and Kev McNally,

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are hoping to get plumber Ray Millet the money he's owed.

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6:20am, and we are looking for £11,100 on this today.

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High Court writs are not something to be executed on an empty stomach,

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so Mark and Kev fuel up before starting their search for the company's registered office,

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which also happens to be the home of boss Richard Hicks.

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There's no street number, just a house name.

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Only problem we have out this way is, obviously, we're on a really dark country lane

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and we're trying to find a house name, which is always interesting.

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It's quite a busy road as well.

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-We've got a house, there.

-Can't see anything.

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This is where the sat-nav's taking us.

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There's a big house sign there.

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Hi, there. Wonder if you can help us?

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They looked like, "Nope, definitely never heard of that."

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-Homestead.

-Homestead?

-Yeah.

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-It's not that, is it?

-It's not that.

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We'll go up the road a little bit more.

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It's not down that one, anyway.

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-This is called Lakeside.

-Is it?

-Yeah.

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What do we do? We'll have to ring this, won't we?

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The sheriffs think they've found it,

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but with no name on the gate and no-one answering the buzzer...

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I don't think it's working.

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..there's one way to make sure.

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Shall I just go over? Ring his doorbell?

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Yeah, go on. You can go.

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I ain't going over there, I'll break the gate!

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High Court enforcement officers cannot force entry

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to residential premises as they can commercial properties,

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but they can legally climb a perimeter wall or fence to gain entry.

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Unfortunately for Kev, this premises is not the house they're looking for.

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Going to come back over, Kev?

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-Not even sure this is the house!

-No.

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There's the night porter.

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Hello, mate. I'm after the house.

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-It's over the road.

-Is it?

-Yeah.

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Cheers, mate. Thanks very much, thank you.

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Just got into this yard which has just opened,

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and they've told us that it's the house over the road without the name,

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so our sat-nav was slightly out.

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The sheriffs have finally found the address on Ray's writ,

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but that's not the end of their problems.

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They're going to have a dog.

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And if you're over there and the dog comes out, that's a long run!

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Yeah.

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Dog or no dog, is company boss Richard Hicks at home?

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We've got to make sure he can't get out.

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He's got room to get out behind us at the moment.

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No-one's answering the buzzer, so the boys block the drive

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to make sure if he is in, he's going nowhere fast.

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Somebody has come to the gate.

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But is it the man the sheriffs are after?

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-Hi, there.

-Hiya.

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-Can I help you?

-Yeah, I'm after Richard, of RH Developments.

-Yeah?

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-Yeah. We're from High Court enforcement.

-Yeah, for what?

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It's about an outstanding writ that's been issued against you.

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-Ray Millett is the claimant.

-Oh, right, yeah.

-Yeah.

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We're here to collect the payment or seize goods.

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Right. That's something that we're arguing about with Ray Millett.

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Yeah.

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Unsurprisingly, he's none too happy about having to pay up.

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Obviously, it's something I want to sort out with him.

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If you can give us a day, I'll get hold of him.

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Well, it needs to be dealt with with us now, because it's gone to the High Court.

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OK, erm... Well, what can I do with you about it?

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

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OK, erm...

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-I can't do it right at this second, obviously.

-No.

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-Can I have time to do it?

-Well, we'll wait while you sort it out.

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-No, I mean time as in a week or so?

-No, no, it needs to be done.

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You need to do it today, while we're here.

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-OK, erm, can I pay you by cheque?

-No.

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We will need to leave here with something today.

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We're going to have to start seizing goods, then.

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If the defendant can't pay, the sheriffs will seize any company assets

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up to the value they're after.

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But according to Richard Hicks, there's little for them to seize.

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There's nothing here that's anything to do with the company or anything.

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I mean, all we have is a small office here, that's it.

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You said you've got an office here.

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I mean, we've only got your word to go on that there's nothing in there, haven't we?

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Well, there's a computer in there, and that's it.

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Yeah, so there's assets there, and we're sent here to seize them.

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-What, from my house?

-Any company assets.

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No, they're not company assets. It's a tiny little office, you know.

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Do you want to show us that, or not?

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-Yeah, of course I will.

-Yeah? Well, come on, we'll go.

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Look, I'll take you in, I'll show you the office,

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but you'll see there's only the office.

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What are you going to do, then?

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Well, if we do that, rather than shouting across the gate at the moment,

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and we'll go from there.

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-Give me two minutes, I'll come and get a key to open the gate.

-Yeah, no problem.

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I just want him to pay. He's saying he's disputing it.

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He had the opportunity to do that at court and he didn't take that up, so...

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A High Court writ costs £60.

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

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And if they're not, there's only an admin fee, also of £60.

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There's someone here now.

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-You're not touching anything in the house?

-No, no.

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The argument won, Richard Hicks agrees to let Mark and Kev see his tiny little office,

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which lies down his very big drive.

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Half an hour later, the sheriffs are back.

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We went to his office, which is just a small little room upstairs.

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There's a computer, a printer and a shredder, basically,

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and two desks and a couple of leather chairs.

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He's saying he's got no money.

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He's signed the walk-in possession, we've given him the opportunity to pay,

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told him to get in touch with us in the next seven days, but he needs to start paying this.

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He's disputing the amount, saying he doesn't owe the guy what he is saying he owes him.

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Not really my problem, to be honest. I'm not really interested in that.

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We're there chasing the amount that we were after on our paperwork,

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so we're just going to have to hang on and see whether he gets in touch with us now,

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or whether he decides to just ignore it.

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It's been a long morning's work for the sheriffs, but at least they've made progress.

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They've found the right address, the right person,

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and carried out a paper seizure of his company's assets.

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It's the first step in the process of getting Ray Millett the money he's owed.

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And one thing's for certain -

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if Richard Hicks doesn't start paying soon, the sheriffs will be back.

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High Court enforcement officer Pete Spencer is in Manchester,

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on the trail of over £8,000 owed to a woman unfairly dismissed by a local company.

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Southern UK Road Services dismissed Lesley Stonier

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after she was signed off sick,

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having found her workload unmanageable.

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She took the company to an employment tribunal,

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claiming unfair dismissal.

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Southern UK Road Services agreed to settle out of court,

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but the company still didn't pay her,

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so Lesley turned to the sheriffs.

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Pete visited them before. They were tricky to find,

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but, eventually, he managed to track down the company director,

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who wasn't keen on paying up.

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-£7,873.75.

-Right.

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We're looking for payment today,

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or we potentially could be removing vehicles.

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There is a colleague of mine who is supposed to be dealing with this.

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-He's not in at the moment.

-OK. What time will he be in, do you know?

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After some negotiation, the director agreed to sign

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a walk-in possession, in which vehicles were seized on paper,

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with a view to removing and selling them at a later date

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if no payment is forthcoming.

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But since then, Lesley's still not received a penny.

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So Pete's back in the van and on his way to Southern UK Road Services.

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We're re-attending today, with a view to remove the vehicles

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that we've levied previously, and also any other vehicles

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that might be at the premises or any office furniture, computers, etc,

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anything of any value to cover the outstanding debt.

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Pete arrives at the yard.

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Like all High Court enforcement officers,

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he can force entry to commercial premises if he needs to.

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But today, there's no need. The gates are wide open.

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Excellent. I've managed to just walk straight through the opening gates.

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The guy's not obviously shut it behind him like last time.

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We'll just start levying some of the vehicles that weren't here before.

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Once inside, Pete wastes no time eyeing up the vehicles

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he plans to remove if Southern UK Road Services won't pay up.

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A few minutes with his clipboard and Pete's attracting attention.

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An employee tells him the director's not on site.

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But moments later, Pete spots a familiar face.

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Hiya.

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Go out of the gates, then we'll talk.

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I'm sorry, I'm on the premises, so we'll speak here.

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It's the company director.

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-How did you get on the premises?

-Just walked in. The gate was open.

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Well, what have you seized? Because these do not belong to the company.

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That's fine. What we need to do is,

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because you've not come back to us after our last visit...

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Well, I believe that one of my colleagues is dealing, trying to do a deal...

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-Right, OK.

-..even as we speak, and I don't know whether he's been dealing with you.

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He's not been dealing with me. At the moment, we're looking at seizing these items.

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I've seized them anyway, and we're looking to remove them today...

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-OK.

-..unless we get a full payment...

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-Right.

-..which is £8,537.48.

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Right, OK.

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I need to go back and find out where this negotiation is,

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because as far as I was concerned, it was being sorted.

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That won't stop our enforcement today,

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so we either need a full payment or we are looking to remove goods.

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Well, we'll have to find out, I'll have to find the paperwork for you,

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-but you certainly can't seize other people's goods.

-No, no.

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We can, and what we'll do is we'll seize them, remove them,

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put them in storage for five days, and then you... You had the chance last time.

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-If these goods...

-Well, as I say...

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-Do you remember last time, you signed the agreement?

-Yeah.

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The walk-in possession agreement?

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That gave you, then, the opportunity to prove that those vehicles weren't owned by yourself.

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-As I said, somebody was supposed to be dealing with this.

-Right.

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They obviously haven't done, then.

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-Right, OK, well, I'll need to look into that.

-Right.

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The position is, we probably won't be able to pay you until this time next week,

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then we will be in a position to make a payment.

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-Right.

-OK.

-I'll just carry on what I'm doing, then I'll come in and see you.

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-Yeah, OK.

-OK.

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While the director goes off to sort out his next move,

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Pete carries on deciding which of the company's assets he'll give the green light to seize.

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He'll stop at nothing to make sure Lesley will get what she's owed.

0:18:470:18:51

Pete's just tucking into his third van when the director's back,

0:18:520:18:56

and this time, he wants Pete gone.

0:18:560:18:58

Well, listen, I'm a director of the company,

0:18:590:19:01

I'm now asking you to leave the premises.

0:19:010:19:03

-Phone the police.

-I will do.

-OK.

-OK.

-That's fine.

0:19:030:19:07

If you want to explain to them when you do phone them that we've seized goods, OK,

0:19:070:19:11

and I've got a writ to attend here, and that's why I'm on the premises, OK?

0:19:110:19:15

Lucky for Pete, the law's very much on his side.

0:19:150:19:19

The High Court writ means he's allowed on site and the police can't remove him.

0:19:190:19:24

-You won't give me 24 hours to sort this out?

-I can't do that, no.

0:19:240:19:27

You've had plenty of time since our last visit.

0:19:270:19:29

-We don't have the money right here, right now.

-Card?

0:19:290:19:32

Bank transfer?

0:19:320:19:33

No. We can probably do something by...

0:19:330:19:36

We can probably pay something tomorrow and we can probably...

0:19:360:19:39

It's going to have to be today, or else we will be removing goods,

0:19:390:19:42

and then you'll have extra charges on top for removal.

0:19:420:19:44

-These goods...

-You've been given the opportunity to prove that.

0:19:440:19:47

-These goods don't belong to us. I'll go and take legal advice.

-Right, OK.

0:19:470:19:51

Before Pete can progress his list, the director returns.

0:19:520:19:57

He insists he can't pay the amount Pete's after,

0:19:570:20:00

but nor does he want his vehicles removed. Luckily, there's a third way.

0:20:000:20:04

From my point of view, what I'm trying to do is get a solution.

0:20:040:20:07

-Yeah.

-OK?

0:20:070:20:08

A solution would be, potentially, a part-payment today,

0:20:080:20:12

and then go into the monthly offer,

0:20:120:20:13

but that would have to go through the office, obviously, and the claimant, if they'd accept that.

0:20:130:20:18

What part-payment?

0:20:180:20:20

That's up to you to tell me.

0:20:200:20:22

A part-payment of £2,000?

0:20:220:20:24

If that's what you're saying,

0:20:240:20:25

I'll have to run that by the office and see what they say.

0:20:250:20:28

-Can you try that, please?

-OK.

0:20:280:20:29

And when would you be looking to do that?

0:20:290:20:31

As soon as you said that would be acceptable.

0:20:310:20:34

I'll make the call.

0:20:340:20:35

At last, there's some sign of movement,

0:20:350:20:39

but the amount offered is still a long way short of the £8,500 owing.

0:20:390:20:44

Pete checks back in with the office.

0:20:450:20:48

Will £2,000 be enough for the director to get Pete off his back?

0:20:480:20:53

Hi, Lawrence. I'm just at the Southern UK Road Services at Manchester...

0:20:530:20:56

Yeah...

0:20:560:20:58

Yeah, no problem. OK, speak to you soon. Thanks, bye.

0:21:030:21:06

Yeah. All right, Cheers, bye.

0:21:060:21:08

Erm, no, they want to remove.

0:21:090:21:11

All right.

0:21:130:21:14

That's not to say you can't up the offer and I can put a larger offer into him,

0:21:140:21:19

but he's looking at half the amount, minimum, today, or we're removing.

0:21:190:21:24

I certainly can't go to 4,000. Certainly can't go to 4,000.

0:21:240:21:29

-I mean, it's...

-Let me come back to you.

-Yep, no problem, thanks.

0:21:310:21:34

The director heads back inside to reconsider his offer.

0:21:350:21:38

We need some sort of payment today, and whether or not it's a substantial payment

0:21:400:21:44

and then going to a monthly payment, or we are looking to remove goods.

0:21:440:21:48

Having made more calls, the director's back with an improved offer.

0:21:480:21:53

The totaliser now stands at £3,000.

0:21:530:21:56

-Can you just try 3K? I mean, it's really squeezing it.

-Right.

0:21:580:22:02

I can try, but I have phoned him in-between you going in there

0:22:020:22:05

and coming out, just to get some further checks on the operating

0:22:050:22:08

licences of the end vehicles up there, that's all.

0:22:080:22:11

I just said...

0:22:110:22:13

-I am trying my best here.

-Yeah, fine.

0:22:150:22:17

Pete accepts the director is being reasonable

0:22:190:22:21

and trying to find a solution, but is his best offer good enough?

0:22:210:22:25

Pete gets back to the office to find out.

0:22:250:22:28

And he is trying, he's actually trying to try and sort it out.

0:22:280:22:32

But the office is digging its heels in. 3K won't wash.

0:22:320:22:36

He says we're not here to discuss it, we're here to basically remove items today,

0:22:360:22:40

because you got the opportunity last time to prove,

0:22:400:22:43

so we're not here, really, to enter a discussion about how much.

0:22:430:22:47

-It's full payment or remove.

-I thought you said 50% earlier.

0:22:470:22:51

I've said I can negotiate, but the least it will take is 50% of the outstanding value.

0:22:510:22:58

Once again, it's the long walk back to the office for the director.

0:22:590:23:03

Shortly after, the director returns with news from his legal team.

0:23:050:23:09

I've spoken very briefly, because the guy I need to speak to is in hospital at the moment,

0:23:090:23:13

but he says he applied for a suspension of the warrant on Monday.

0:23:130:23:17

Right. That wouldn't stop our enforcement today.

0:23:170:23:19

-I'm just saying what he said.

-Yeah.

0:23:190:23:22

So, I believe he hasn't got that piece of paper in his hand yet,

0:23:220:23:25

so until he's got that piece of paper,

0:23:250:23:27

I guess that's not going to do anything.

0:23:270:23:29

No. And that takes time as well.

0:23:290:23:32

I mean, the best way would be... I've just spoken to our office again,

0:23:320:23:35

quite happily take the 50% today, and then give you the opportunity to sort the offer out

0:23:350:23:41

-to pay the rest off.

-Right.

0:23:410:23:43

Well, what I'll do is, because I've got to shoot off soon,

0:23:430:23:45

I will squeeze 4,2 out.

0:23:450:23:49

Right, OK. It's 4,2-something, isn't it? Is that on card?

0:23:490:23:53

-It'll be a bank transfer.

-Bank transfer, OK, yeah.

0:23:530:23:56

And it'll have to get authorised by somebody else, our accountant.

0:23:560:23:59

Do you want me to come in and sort it out with you?

0:23:590:24:01

I've got all the bank details where you need to pay it to.

0:24:010:24:04

The director goes off to squeeze his £4,200 out.

0:24:040:24:08

I'd rather that there was no filming inside.

0:24:080:24:11

Right, that's fine. They don't want you to film inside.

0:24:110:24:15

It's gone well for Pete.

0:24:160:24:17

His tough negotiating has got Lesley Stonier the 50% minimum payment

0:24:170:24:22

she and the office were after, with a payment plan to come for the rest.

0:24:220:24:26

Yeah, that's a good result today.

0:24:270:24:29

I don't think he could have come up with the full amount, from what he was telling me.

0:24:290:24:32

Whether that's true or not, we don't know, but we have got 50% payment on that,

0:24:320:24:37

and he has only got five days now to sort out the rest.

0:24:370:24:40

Job done. Leslie Stonier can expect a hefty cheque in the post.

0:24:410:24:45

Southern UK Road Services settled out of court,

0:24:490:24:53

and say they are a caring and nurturing business.

0:24:530:24:56

Another person who's had to turn to the sheriffs for help is Jan Smith.

0:25:020:25:06

She's run into problems with a local auction house,

0:25:070:25:10

having inherited a number of valuable antiques from her family.

0:25:100:25:14

My parents have died, and my brother died about five years ago,

0:25:140:25:19

so we had a lot of inherited pieces from them.

0:25:190:25:22

There was a lot of jewellery which belonged to my mother

0:25:220:25:26

and some watches and a box set of silver coins.

0:25:260:25:32

We thought probably, if we could get a reasonable amount of money,

0:25:320:25:35

then maybe we might buy something with the proceeds,

0:25:350:25:39

as a memento of parents and my brother.

0:25:390:25:42

But to raise the money, she needed to sell the valuables.

0:25:430:25:47

Luckily, she'd come across a local auction house,

0:25:470:25:49

Cameo Fine Art Auctioneers, which seemed to fit the bill.

0:25:490:25:54

I'd driven past it a number of times,

0:25:540:25:56

and it always had advertising... sales, forthcoming sales, etc,

0:25:560:26:01

and also, of course, I had seen them on the television,

0:26:010:26:04

the very auction site, so I thought, well, surely they would be reputable.

0:26:040:26:10

Jan took along the jewellery, some pottery left to her by her mother,

0:26:120:26:15

and her brother's valuable collection of Chelsea Football Club memorabilia.

0:26:150:26:19

Over the next few weeks, many of the items went up for sale,

0:26:210:26:24

much of it was sold, and Jan was able to watch it all online.

0:26:240:26:27

I think the jewellery itself went for just under £2,000,

0:26:290:26:35

and then, obviously, we had the family round here

0:26:350:26:38

and we were all getting very excited about this.

0:26:380:26:41

The sale netted Jan just under £3,000 in total,

0:26:420:26:46

although the pottery and the football memorabilia weren't sold.

0:26:460:26:50

Jan waited patiently for her money, but nothing came.

0:26:500:26:54

Despite regular calls and e-mails over several months,

0:26:540:26:57

Cameo wouldn't send Jan her money or her remaining unsold items.

0:26:570:27:02

I was getting very frustrated and very angry about their lack of communication

0:27:020:27:07

and the fact that they had my money,

0:27:070:27:10

but equally, they had my goods, my inherited goods.

0:27:100:27:14

These belonged to my relatives, who'd died,

0:27:140:27:18

and I was really very sad that somebody was just hanging onto them,

0:27:180:27:22

or doing whatever with them. Who knows? So I then said,

0:27:220:27:25

"Unless I hear from you and you start responding to my e-mails,

0:27:250:27:30

"I will have to take this further and put it in the hands of a solicitor."

0:27:300:27:35

But the threat of legal action had little effect.

0:27:350:27:38

Jan was left with no choice but to take the auction house to the County Court.

0:27:380:27:42

Cameo didn't attend, and the court awarded in Jan's favour.

0:27:420:27:46

But despite further solicitor's letters,

0:27:460:27:49

there's been no payment from Cameo or the return of Jan's unsold items.

0:27:490:27:53

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

0:27:540:27:58

It is outrageous that people can proceed like this

0:27:580:28:03

and just take people for a ride, and that's what it is.

0:28:030:28:08

I really want to see these people brought to some sort of justice, really.

0:28:080:28:13

With no-one else to help her, Jan's had to turn to the sheriffs.

0:28:150:28:18

If I get a call from the enforcement officers, once they've been down to Cameo,

0:28:200:28:24

that they've paid in full, I will be absolutely delighted.

0:28:240:28:28

If not, I will push to the end to see what further we need to do,

0:28:280:28:32

because it wouldn't be the end of the story.

0:28:320:28:35

Midday on the M4 westbound,

0:28:380:28:40

and Sheriffs Lawrence and Mark are heading to Reading on Jan's behalf.

0:28:400:28:45

They're going to see Cameo Fine Art Auctioneers.

0:28:450:28:48

What we've got is a writ of delivery with a money order attached,

0:28:500:28:53

which means we're there to actually remove specific goods

0:28:530:28:57

which belong to our client, and to collect money on their behalf.

0:28:570:29:00

High Court enforcement officers are no strangers to the world of auctioneers

0:29:000:29:07

and the issues involved in seizures at their premises.

0:29:070:29:09

The problem when you go to any auction house

0:29:090:29:12

is the majority of the goods that are there aren't actually theirs.

0:29:120:29:15

They've been put there to be sold on behalf of their clients.

0:29:170:29:20

At this stage, we don't know what we're going to find.

0:29:200:29:23

The specific items we're looking for should be there,

0:29:230:29:25

because they were left with the auction house.

0:29:250:29:28

It's not long before Mark spots the premises they're looking for.

0:29:280:29:33

Cameo.

0:29:330:29:35

They park up and head in.

0:29:350:29:38

First, they need to find whoever's in charge.

0:29:400:29:42

Hello, there. We're enforcement officers.

0:29:440:29:46

We're here to execute a High Court writ. We've got a writ of delivery.

0:29:480:29:51

Excuse me. What for? What for? I don't even know what this is about.

0:29:510:29:55

-Right. We've got a writ of delivery on behalf of a Janet Smith...

-Right.

0:29:550:30:00

..for various items.

0:30:000:30:02

With a High Court writ presented to him, the manager agrees to hear Lawrence out.

0:30:040:30:09

But he asks our camera operator to leave.

0:30:090:30:12

The negotiations will take place behind closed doors.

0:30:120:30:15

An hour later, and the manager suddenly emerges.

0:30:170:30:21

He heads off in his car, leaving the sheriffs inside the office.

0:30:210:30:25

Before long, he returns. But what's he been doing?

0:30:270:30:32

Lawrence comes downstairs to fill us in.

0:30:340:30:36

The guy, he's gone and got £1,000 out of his own money,

0:30:380:30:44

but I don't like walking away without full payment.

0:30:440:30:49

Lawrence re-enters the fray.

0:30:490:30:51

£1,000 is well short of the £4,260 that Jan Smith is owed.

0:30:510:30:57

Sometime later, the sheriffs re-emerge.

0:31:000:31:04

But did they get Jan her money?

0:31:040:31:06

We met the gentleman in charge. He wasn't aware of any of this.

0:31:080:31:11

He's not actually the owner. He later told us that the owner was aware of it,

0:31:110:31:15

but obviously wasn't aware that we were going to be visiting him quite as quickly as we did.

0:31:150:31:21

He agreed to pay us the full balance, although he couldn't do so today.

0:31:210:31:24

He had to take £1,000 out of his own bank account

0:31:240:31:26

and he's promised to pay the rest of the balance tomorrow.

0:31:260:31:29

We've got a signed walk-in possession,

0:31:290:31:32

we've got a right to force entry to commercial premises anyway.

0:31:320:31:35

The sheriffs weren't able to find the auction items that Jan Smith wanted back,

0:31:350:31:40

but it looks like they have been successful in getting her cash.

0:31:400:31:43

We've left him in no doubt that we will be back if full payment

0:31:450:31:48

isn't received into the account tomorrow, so it's watch this space.

0:31:480:31:51

Half of me thinks he'll definitely do it, but you can never tell.

0:31:510:31:56

You can never tell, so we'll just have to wait for payment to hit the account tomorrow,

0:31:560:32:00

and if it doesn't, we'll be back.

0:32:000:32:02

The sheriffs never close a case before payment is signed, sealed and delivered.

0:32:030:32:08

They return to base to await developments.

0:32:080:32:13

Former music teacher Martin Battersby has had to turn to the sheriffs

0:32:220:32:26

after his dream of owning a children's nursery turned sour.

0:32:260:32:30

His problems started after he decided he wanted to give up teaching and go into business.

0:32:360:32:42

Wife Emma suggested they jointly buy and run a nursery.

0:32:420:32:46

Found one that we thought we'd like,

0:32:460:32:51

and I rang the estate agents the next day to say,

0:32:510:32:56

"Could you put me on to a broker,

0:32:560:32:59

"so I can see if I can actually raise the money to do this?"

0:32:590:33:03

And they instantly passed me on to Chris Bull.

0:33:030:33:07

Chris Bull ran Clear Business Mortgages.

0:33:080:33:11

He read Martin and Emma's business plan and he agreed to try and find them a lender.

0:33:110:33:15

There was a £750 fee, but they'd get £700 of it back if he couldn't raise them the money.

0:33:160:33:21

So I paid the fee, we sorted the paperwork out, it was all gung ho,

0:33:230:33:27

and then Chris rang me at the beginning of February to say,

0:33:270:33:32

"I've run it past the bank, and they've said yes."

0:33:320:33:35

Excellent!

0:33:350:33:37

He said, "We've got it all sorted out, we should be able to do it."

0:33:370:33:40

Delighted at the good news, Martin and Emma put in an offer for the dream nursery they'd seen online.

0:33:400:33:46

It was a busy time for them, getting ready for their new business venture.

0:33:460:33:50

-We'd got the date set, everything was in place.

-Yeah.

0:33:500:33:53

On top of that, solicitors had been involved,

0:33:530:33:56

-so there was a good few thousand pounds' bill in solicitor's fees.

-Yeah.

0:33:560:34:00

The really silly part about it is I'd taken redundancy from work,

0:34:000:34:06

thinking that we'd got this going, and I thought, "This is going to be excellent."

0:34:060:34:10

Martin and Emma hurriedly spent Martin's redundancy money

0:34:100:34:14

on essentials for their new nursery, like stationery and toys,

0:34:140:34:18

all based on the mortgage Chris Bull had set up for them.

0:34:180:34:21

I suppose we trusted him, at the end of the day.

0:34:220:34:25

It was our first time buying a nursery, so we thought,

0:34:250:34:28

"Well, he's the expert, he knows."

0:34:280:34:31

But just when they needed to finalise the mortgage, there was bad news.

0:34:310:34:36

Chris Bull said there was a delay.

0:34:360:34:38

Then he went silent on them altogether.

0:34:380:34:41

I'm ringing him, pestering him and texting him to say, "What's happening? What's happening?"

0:34:410:34:45

Not getting any answers.

0:34:450:34:46

I'd already set up a bank account

0:34:460:34:49

with the bank I thought was loaning me the money.

0:34:490:34:51

I dealt with the local business manager,

0:34:510:34:55

and she turned round to me and said, "I've gone through this file. There's no money.

0:34:550:35:00

"Yes, there's a file being raised, but there's been no monies agreed."

0:35:000:35:06

And I'm, like, horrified. What's going on here?

0:35:060:35:08

There was no mortgage.

0:35:080:35:11

The money Chris Bull said the bank had agreed to hadn't been agreed at all.

0:35:110:35:15

And no mortgage meant Martin and Emma had no choice but to pull out of the nursery sale.

0:35:150:35:21

I really felt almost abandoned. I thought, "Well, what are we going to do here?"

0:35:210:35:25

No job, money going out, money running out...

0:35:250:35:31

and I've got nothing to do, I've got no future to go with

0:35:310:35:34

and no business to have at the end of it.

0:35:340:35:38

We felt silly and embarrassed by the fact that we'd been led along the garden path all of this time,

0:35:380:35:43

and still nothing at the end of it. I felt angry with it as well,

0:35:430:35:47

because I felt stupid that I'd allowed it to finish up like this,

0:35:470:35:51

because we'd believed what he was saying.

0:35:510:35:54

Chris Bull wouldn't even give them back the £700 fee he'd promised them was refundable.

0:35:540:36:00

Desperate to recoup some of the money they'd spent on putting the nursery sale together,

0:36:000:36:05

they took him to the County Court.

0:36:050:36:07

Mr Bull didn't attend, and the court found in the Battersbys' favour.

0:36:080:36:12

But Mr Bull still hasn't paid up.

0:36:130:36:16

With nowhere left to turn, they've had to call on the sheriffs.

0:36:160:36:20

I want my money back. End of.

0:36:200:36:22

If, at any point, he could have actually said,

0:36:220:36:25

"Look, I haven't got this bank stuff in place,

0:36:250:36:27

"the finances aren't in place, we need to halt this until such time as we have..."

0:36:270:36:32

-That would have done.

-Yeah. I'd have been happy with that.

0:36:320:36:35

OK, it wouldn't have been ideal, but I'd have been happy with it.

0:36:350:36:38

He never even went down that route.

0:36:380:36:40

He just strung us along, the whole way along.

0:36:400:36:42

"Yeah, it's going to happen, it's going to happen."

0:36:420:36:45

We've got nothing to lose now, in that sense.

0:36:450:36:48

We're just trying to fight back and see what money we can get back from Chris.

0:36:480:36:52

The Battersbys are owed over £5,000, and to get it back, they've come to Sheriff Pete,

0:36:530:36:59

who feels some sympathy for what they must have gone through.

0:36:590:37:02

The guy got told it was all OK, gave up his job, etc...

0:37:020:37:10

to be left with nothing, basically.

0:37:100:37:12

I think it's going to be his private address we're going to this morning. It is in his private name.

0:37:140:37:18

Hopefully, he'll be in.

0:37:180:37:20

If Mr Bull can't find the money,

0:37:220:37:24

Pete's intending to seize any vehicles he might own.

0:37:240:37:27

Obviously, if there is some vehicles there, we'll do some DVLA checks.

0:37:280:37:32

If they come back as positive, we'll then HPI them to see if they're finance-free,

0:37:320:37:37

with a view to removing them if he doesn't pay.

0:37:370:37:41

Seizing people's cars isn't something the sheriffs undertake lightly.

0:37:410:37:46

It's going to cause a big disruption to somebody to lose their vehicle, obviously,

0:37:480:37:52

so it's a last resort to remove a vehicle,

0:37:520:37:56

and it's obviously our last resort if we do have to remove it,

0:37:560:37:59

and then it obviously goes to auction to be sold to recover the outstanding debt.

0:37:590:38:03

Pete's nearly reached Chris Bull's address.

0:38:040:38:07

The Battersbys, meanwhile, wait patiently at home for the result.

0:38:070:38:10

On arrival, Pete spots a potential seizure target, and it's German-made.

0:38:130:38:18

We've got a BMW in the driveway, by the look of it, if it's the correct house.

0:38:180:38:23

That's the one. Private registration number as well on the car,

0:38:230:38:27

so just make a quick note of the registration number.

0:38:270:38:30

They've got the TV on, so somebody's at home.

0:38:300:38:34

Time to head in and see whether Mr Bull's prepared to give the Battersbys

0:38:380:38:42

the money they're legally due.

0:38:420:38:44

KNOCK ON DOOR

0:38:440:38:46

Hiya... OK, no problem. Mr Bull, is it?

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Enforcement officer, enforcing a High Court writ,

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regarding a Mr Battersby.

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Yeah? Are we OK? Yeah? Cheers, thank you.

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We're not invited in.

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Will Pete get the Battersbys their money?

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40 minutes later, Pete re-emerges.

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Thanks. Cheers.

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We've collected £2,500 today of the outstanding amount, which was, I think, 5,2.

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The most he could transfer today and get hold of was two and a half.

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We've levied items in the property to protect the outstanding debt,

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and that'll stay there until the full payment's been made,

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so he's going to now look into a monthly offer.

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It will be £150 per month, that's what he said to me at the moment.

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He's going to have a look at his finances later on,

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when his partner returns, and maybe increase that offer.

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It's a good end to the day for Pete.

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Half the money the Battersbys are owed and more promised as part of a payment plan.

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And if that money isn't forthcoming, Pete will be back.

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We asked Mr Bull to comment.

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He told us that before the High Court writ was issued,

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he did attempt to make an offer to the Battersbys,

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but he claims that his offer was not received by them.

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A month after the sheriffs visited Cameo Fine Art Auctioneers,

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Jan Smith's received her money back in full,

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but she's still not got back the unsold pottery

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and football memorabilia she left with Cameo as well.

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I'm delighted, absolutely delighted that we have got the money back

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from the sale and the costs.

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However, the other goods, where are they?

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We don't know, and that is very, very frustrating.

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Following Sheriff Pete Spencer's visit to Chris Bull,

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Martin and Emma Battersby soon received their first payment, with more promised.

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It's a great step forward. We've got something back.

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Hopefully, we'll get all of it back.

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It's now one month since the sheriffs paid Richard Hicks

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of RH Developments Cotswolds Ltd a visit on behalf of plumber Ray Millett.

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The good news for Ray is that since then, the company has agreed

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to a payment plan of £1,000 a month for the money he's owed.

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It is the best result we could have got. It was the right thing to do.

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The system is there for these situations, and people should use it.

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Next time...

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..it's the most important day of your life, but what do you do

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when your wedding photographer turns wedding bells into wedding hell?

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We can't get those memories. He just won't be able to video that again.

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The sheriffs invite him to speak now or for ever hold his peace.

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All right, we're in. Thank you very much.

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We're now going to do a diligent search of the property,

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because we've gained peaceful entry.

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Cleaner Michael Martin won an employment tribunal after being unfairly dismissed

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but still hasn't been given any of the money he was awarded.

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I was getting no closer, Christmas was coming,

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I had to cancel Christmas from the kids.

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When it comes to getting his money, can the sheriffs clean up?

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If we don't seize goods here today, we're in contempt of court.

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With her husband away fighting in Afghanistan,

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Louise Oakley-Green had to find and buy a new family car on her own,

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but she was sold a faulty Ford, and the company she bought it from wouldn't refund her.

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It has been one of the most stressful periods in my entire life.

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This experience I would not wish on my worst enemy.

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