Episode 13 The Sheriffs Are Coming


Episode 13

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Transcript


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-Meet the Sheriffs.

-Let's introduce ourselves.

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-We're High Court Enforcement Officers.

-We're here to execute a High Court writ.

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They're the men whose job it is to get you your money back.

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It's an arrestable offence to stop me doing my job.

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If you've been ripped off and don't know where to turn.

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-I'm not waiting any more.

-I'm ordered to seize goods to clear this debt,

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which would mean clearing this place out.

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If you've been to court but still not been paid what you're owed.

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Why don't you just tell me who you are?

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This is an absolute crock. You need to pay this.

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The High Court Enforcement Officers charged by law

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to recover what a court says is rightfully yours.

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-I've seized your car, sir.

-You can let us through the door or we'll go through the window.

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-Wooh, wooh, wooh, wooh, wooh!

-It time to call the Sheriffs.

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I've just collected 42 grand.

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Coming up, Michelle Fenner is owed £1,200 by an estate agent.

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I just think that they're so arrogant.

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It's a total lack of respect.

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Can the Sheriffs succeed where she's failed?

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It's about a High Court writ that's been issued, some outstanding money. We're here to collect it today.

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Steve McLaughlin paid over £3,000 for a BMW, but got a banger.

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I turned the ignition key off, took it out and the engine was still running.

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Can the Sheriffs convince the dealer this is the debt that needs paying?

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And Lawrence and Kev Xerox in on some seizable assets.

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I'm ordered here today to seize goods to clear this debt,

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which would mean clearing this place out. That shook him.

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That shook him rigid.

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The East End of London,

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the beating heart of the capital's business activity,

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a melting pot of London life.

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And today, where Sheriffs Marc Newton and Tony Smith

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are headed, on their way to help out a lady let down by a letting agent.

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Michelle Fenner is a local councillor

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in the seaside town of Broadstairs in Kent.

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It's a beautiful part of the world, where she brought up son Philippe

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after moving from her native France.

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But after recently graduating from university,

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Philippe decided to leave Kent and lay down roots in London.

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He planned to do bar work to subsidise his real ambition

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of becoming an illustrator.

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He's always been passionate about drawing.

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The minute he was able to hold a pen when he was little, he started drawing.

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And it was so good that he was able to do a degree in illustration.

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And there he was, he was going to use that in his professional life.

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You know, we want to do everything we can to help him achieve that.

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Philippe got himself a job

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and agreed to flatshare with some friends.

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They soon found an apartment in East London

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being rented through a local lettings agency, Madison Brook.

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Happy with it, Michelle agreed to stump up the £1,200 deposit and holding fee for Philippe.

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All he had to do now was wait to move in,

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which Madison Brook told him would be in September.

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We had the address of Madison Brook, we had their details

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in terms of bank account etc. It was all, apparently, above board.

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There was no reason for me to be, to be suspicious of any wrongdoing.

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But September came and went, and so did the moving in date.

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Despite chasing Madison Brook for news,

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neither he nor Michelle could get any date at all for moving in.

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Desperately needing accommodation so he could begin his job,

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Philippe and Michelle decided they had no choice

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but to pull out of the flat.

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Expecting the swift return of her deposit,

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Michelle was philosophical about the problem.

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I was concerned, I was disappointed,

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but at the same time thinking, well, these sort of things do happen.

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While Philippe went looking for a new flat,

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Michelle waited to get her £1,200 back.

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And waited. And waited. But nothing came.

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Despite being assured by Madison Brook the money would be returned,

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not a penny came her way.

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They cashed the money. It was a bank transfer,

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so the money was on their account immediately,

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so they could start using it however they wanted.

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They chose to keep it, wrongly.

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I just think that they're so arrogant.

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Eh, they just really are treating people badly.

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Eh, it's a total lack of respect.

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Eight months after pulling out of the flat, and still without her money,

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Michelle took Madison Brook to court,

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but the letting agent failed to attend.

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The judge ruled in Michelle's favour

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and ordered Madison Brook to pay her back, in full.

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But to date, Michelle has still not received a penny.

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No, we do care. It's a lot of money for us.

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If Michelle's to get any of her money back,

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her only hope now rests with Sheriffs Marc and Tony.

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But before they can get any money from them,

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Marc and Tony have got to find the Madison Brook office.

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And in the dense lanes of London's Docklands, that's not proving easy.

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-Number 20.

-Number 20, unit eight, isn't it?

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-Unit B.

-Unit B. Just love numbers that go four, 15, two!

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It might be 15 the unit though. That's two.

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-What we after?

-20.

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Unable to find it in the van, Marc decides on a more traditional method.

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Look, there's a map there. We can look on the map.

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-Where are we?

-There, I think.

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We're up there. It's back there.

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That says 14, doesn't it? That's unit 20.

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They're not even on there, are they?!

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We'll go and ask them what number.

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I don't think there's anyone in there.

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Oh, yeah, there might be.

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Can local knowledge help where everything else has failed?

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We're after, em, Madison Brook Lettings?

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-Just over there.

-Out of here? No worries.

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Thanks very much. Lovely, cheers.

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-Oh yeah, there.

-That B there.

-Yeah, B there.

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Marc and Tony navigate all the way around the corner,

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where they find the office. They head in.

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-This is Madison Brook Docklands letting agents, yeah?

-Yeah.

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It's about a High Court writ that's been issued, some outstanding money.

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-Right, OK.

-We're here to collect it today.

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-Bear with me two seconds. If you'd like to take a seat.

-Yeah, no worries.

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So far so good. They're in and they've been offered a seat.

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Soon after, a manager arrives.

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It's to do with a... oh, I'll just give you a copy.

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A writ that's been issued against...

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-Can I take a copy of this?

-Yeah, that's yours anyway. That's yours anyway. Yeah, no problem.

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The manager heads off to study the writ.

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On a typical day for the Sheriffs, it's rare they get a nice sit-down,

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so Marc and Tony take the opportunity to browse the glossies.

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Aston Martin.

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But before they've had chance to get a shopping list together,

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the manager's back with some news.

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-What's that?

-That's done for you, OK?

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-Oh, you've paid it into our... via that?

-That's right.

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To Marc's surprise, and with no arguments at all,

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the manager's transferred the money in full there and then

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into the Sheriffs' account, which means Michelle

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finally getting the cash she's owed.

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Yeah. Yeah, that's spot on, all right.

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-And that's yours.

-Thank you very much.

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All right, lovely, no problem. Thanks very much. Cheers. Thank you. Bye-bye.

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It's been as easy a job as it ever gets for the Sheriffs

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and Marc is understandably delighted.

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That was an amazing result, to be honest, cos we was literally in there no more than ten minutes.

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The guy said the name, he had a vague memory of the name, went off,

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I was expecting him to come back and question it or deny all knowledge.

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And he literally came back with the thing to say that he'd transferred the money

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and it's all done.

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Em, to be honest, I'm amazed!

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I was a bit in shock when he come back and went, "It's paid"!

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But the real winner, has been Michelle Fenner,

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who's finally received the £1,652,

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including all additional legal costs, that was rightfully hers.

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It was good that they were able to go in, get the money,

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thank you very much and goodbye.

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It's gone straight into the bank, and it was needed there, no doubt.

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Really, the lesson is to persist.

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If you know you're right and you've just got to keep at it

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until you get what you want and what is really rightfully owed to you.

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Being a Sheriff is neither nine to five, nor office-based.

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Sheriffs cover the length and breadth of England and Wales

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enforcing over 70,000 High Court writs every year.

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And setting out to enforce one of those,

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are Sheriffs Lawrence Grix and Kev McNally.

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We're on our way towards Enfield now.

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We've got another employment tribunal case with two defendants.

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One is Photocopiers Direct Ltd and the other is Costas Ioannou who

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I would imagine is a director of the company.

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The former employee is owed over £20,000 for unfair dismissal.

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But despite having been told by a court of law that the money's

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rightfully theirs, they've still not received a penny of it.

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Aiming to change that,

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Lawrence and Kev arrive at director Costas Ioannou's house.

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They park up and head in.

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No-one's answering the door and neighbours soon inform

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the sheriffs that that's unlikely to change in a hurry.

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They've been away a little while, have they?

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She's on holiday. When are they back, do you know?

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They've lived there a while, haven't they?

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How long have they been gone for?

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-About six weeks.

-Yeah.

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Duration of the school holidays the gent's saying.

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Six weeks is too long even for Lawrence and Kev to wait for a debtor.

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This situation is usually the end of the story for the sheriffs,

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but while Lawrence fills out the paperwork,

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a sharp-eyed Kev spots a clue inside Mr Ioannou's car, which might mean this enforcement isn't over yet.

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Do you see that paperwork there?

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Photo-imaging. So that all correlates with the erm...

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Have you got any addresses on it?

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-Oh, look, there we go. Unit 31.

-Cumberland Business Park.

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With a possible second address traced, the sheriffs prepare to head off.

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But not before they've seized Mr Ioannou's car, on paper at least.

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Time to move on,

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IF Lawrence can find a letterbox for the seizure paperwork...

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-Round the front. Lawrence.

-Huh?

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..while avoiding the attentions of his growing legion of fans.

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Ah! So you've seen us before.

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Don't tell him that!

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Clearly, Lawrence's television fame is spreading.

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Is that your first time being recognised, Lawrence?

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-No, it's not my first time.

-I think it is, isn't it?

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I can see by that smile on your face it is.

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Bye!

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They're waving to us now.

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-That's your fanbase, mate.

-The whole street's out!

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Putting their fans behind them,

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the sheriffs head out to check out the new business address.

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The boss may be on holiday but Lawrence is determined

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that won't stop him getting his client the money they're owed.

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Just because he's out of the country, doesn't mean

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that we can't collect from his company or seize assets from his company.

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If need be, he'll have to do a bank transfer from wherever

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he is in the world on holiday.

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So we should be able to clear it up

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if there are sufficient assets there.

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And 15 minutes later, they've found their way

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to Photocopiers Direct Ltd's head office.

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31, there. Photocopiers Direct Ltd.

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-Lights are on.

-But is there anybody home?

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Heading inside, there is someone home,

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although it's not director Costas Ioannou, but a receptionist.

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Ah! Hello, there. I'm a High Court enforcement officer

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and I'm here today to execute a writ against Photocopiers Direct Ltd.

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I'm here today to seize goods to the value of £20,741.01

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-or collect payment. Is it Mr Ioannou the director?

-He's on holiday. Yeah.

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He's on holiday. I know, I've just been to his house

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and his neighbours told me he's on holiday.

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

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With Lawrence loose in the office, the receptionist wastes no time

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in getting company director Costas Ioannou on the phone.

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Hello there, sir. I'm here today to execute a High Court writ.

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We are here today to collect £20,741.01

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and we're here...we're here to seize goods to that value.

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While Kev gets listing company assets, the director tells Lawrence

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that he's trying to appeal the court's decision.

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But that doesn't bother Lawrence or his High Court writ.

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It doesn't matter that there's an appeal going on, sir.

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On the 42nd day you should have paid what was outstanding

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at that point in time and you didn't

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so it's been transferred to the High Court for Enforcement Purposes.

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It doesn't matter, sir.

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It doesn't matter.

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Well then your goods are going to be seized then, sir.

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The director is convinced the sheriffs should stop their enforcement,

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but Lawrence is having none of it.

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The bottom line is that I have a live High Court writ in my possession today.

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The only way you can prevent further action is to pay in full.

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We're not here tomorrow, we're here today.

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We don't work on promises of payment tomorrow.

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We work on what you manage to pay us today.

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Yep, I'll wait here, sir, and assist my colleague with his seizure. OK?

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The director says he's going to talk to his solicitor.

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Lawrence, meanwhile, goes off to inspect the company's assets.

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Whether he'll get his hands on them, or any money, remains to be seen.

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We'll find out, later.

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Being a sheriff can take you to the strangest of places...

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We found it and we're here. Poolman Swimming Pools, look.

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..in the pursuit of the oddest of things.

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Oh, I see. He sold them already.

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There are 3,000 sheep we were going to seize and remove.

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The sheriffs have seized bikes, cars, boats and even planes in their time.

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We'll be seizing an aeroplane this afternoon.

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There it goes, down the runway. Follow that plane.

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To get people back the money that a court of law says is rightfully theirs.

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It'll need to be dealt with.

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High Court enforcement officers have collected

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almost £200 million of unpaid court judgements in the last three years.

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The total due today is £11,757.96. How would you like to pay?

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Sheriffs have more powers than bailiffs to recover money to pay off debts.

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This place, trust me, could be emptied in about an hour.

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These days, a High Court writ costs £60.

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If the sheriffs are successful, that's it.

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If they're unsuccessful, the only cost is a £60 admin fee.

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-Cheers, thanks.

-Thank you.

-Bye-bye.

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On the other side of the country, Sheriff Darryl Oreton

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is on a mission to get back someone else £1,700 they're rightfully owed.

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We're off to Kenilworth today. We're off to see erm...the defendant's a Michael Mooney.

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Mr Mooney is a letting agent who rented out a flat for a landlady,

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Sally England, but kept some of her rental money for himself.

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Sally took him to court,

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but when he didn't contest the case, was awarded £1,340.

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But despite Sally's victory, he still hasn't paid up.

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Sally's is one of four County Court Judgments Mr Mooney has against him

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when Darryl arrives at his house aiming to get her her money back.

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Almost immediately, he spots a valuable asset on the front drive.

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Just going to seize the vehicle.

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It's probably on finance but I will make a note of it.

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If the car belongs to the defendant and he refuses to pay up,

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Darryl can seize it to sell to cancel out the debt.

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His van's parked across the drive to make sure

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the car's going nowhere as he heads for the front door.

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Good morning, sir.

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Here for a Michael Mooney.

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Got a High Court writ to execute against yourself

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on behalf of Sally England.

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Some outstanding rent arrears.

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It hasn't been sorted, sir.

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She's taken you through the High Court now.

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Right. Did you have a County Court judgement

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back in September last year?

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Right. That's a separate issue.

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We've got a live writ.

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I'm here now to collect £1,722.13 or to seize goods to the value of.

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Well, your vehicle will be seized.

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Can you get me the documentation for that, please?

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I'll just have that, sir.

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He's locked the door.

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It's not surprising the man is careful

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to close the door behind him,

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as Sheriffs have the power to enter residential properties

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by open or unlocked doors or windows.

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Darryl would dearly love to get inside, as once there,

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he can list assets to seize, and not even the police can remove him.

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A few minutes later, having spoken to his lawyer, Mr Mooney returns,

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and this time he's taking precautions.

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He insists the matter has now been sorted out.

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It hasn't. I wouldn't be here if it had been settled.

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What thing have you got?

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It needs to be paid. I'm not going to be leaving here until it's paid.

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I'm going to be charging £217.80 per hour on here until it's paid.

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Call the police.

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Mr Mooney does go inside to call the police.

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That done, he comes back to the door with a request for Darryl.

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Who, me? No.

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I'll wait for the police, then.

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I need my paperwork back as well, sir.

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The prospect of the police arriving doesn't worry Darryl one bit.

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Always good to have them here.

0:20:190:20:20

Especially with awkward customers like this.

0:20:220:20:24

He's not being awkward, but just tricky, putting his lock on.

0:20:240:20:27

Tricky or not, Mr Mooney wants Darryl gone.

0:20:300:20:33

Why?

0:20:360:20:37

I'm waiting for the vehicle to be seized.

0:20:390:20:41

You haven't shown me any proof yet.

0:20:420:20:44

Van's not going anywhere.

0:20:470:20:48

Moments later,

0:20:500:20:51

and an increasingly frustrated Mr Mooney's back at the door.

0:20:510:20:55

No.

0:20:560:20:57

Because I'm here to execute this High Court writ. This needs to be paid.

0:20:590:21:03

You do, sir.

0:21:060:21:07

You do, you do, you do.

0:21:070:21:09

It is against Michael Mooney.

0:21:110:21:13

I'll wait till the police come, sir, and then we'll get it resolved.

0:21:150:21:18

Do you want to give me my original copy back, please.

0:21:180:21:22

Do you want to give me my original copy back?

0:21:220:21:24

No.

0:21:240:21:26

That's OK, she can park it by the side of my van.

0:21:270:21:30

OK.

0:21:320:21:33

Not until you pay this, sir.

0:21:330:21:35

What's that, sorry?

0:21:370:21:39

You do.

0:21:390:21:41

You do.

0:21:410:21:42

You just had the paperwork off me.

0:21:460:21:47

How can I be bullying and intimidating you, sir?

0:21:500:21:53

I'll wait here till the police turn up.

0:21:570:21:59

With, Michael Mooney proving a difficult customer,

0:22:010:22:04

and locked out of the house, Darryl's getting nowhere.

0:22:040:22:08

If he's going to get any money back for Sally England,

0:22:080:22:11

he needs to up the pressure.

0:22:110:22:13

We'll see how he gets on, later.

0:22:130:22:15

Back in North London, Sheriffs Lawrence and Kev

0:22:240:22:27

are at the offices of Photocopiers Direct,

0:22:270:22:30

trying to recover over £20,000 in unpaid wages

0:22:310:22:34

owed to a former employee.

0:22:340:22:36

Lawrence is still trying to convince absent owner

0:22:360:22:39

Costas Ioannou to pay up.

0:22:390:22:41

In the meantime, he and Kev have started listing company assets

0:22:410:22:45

in case they need to seize them to pay off the debt,

0:22:450:22:48

and being an office equipment business,

0:22:480:22:50

there's no shortage of them.

0:22:500:22:52

These parts...

0:22:520:22:53

They're all toners.

0:22:530:22:55

So you literally just do a head count of how many toners you've got.

0:22:550:22:57

25 C double 52 toner cartridge towers.

0:23:000:23:03

I'm listing like a demon.

0:23:030:23:05

That's the kiddie. You're learning.

0:23:050:23:07

Moments later, Mr Ioannou rings back saying he's talked

0:23:100:23:13

to his solicitor, who's assured him he shouldn't have to pay.

0:23:130:23:17

But Lawrence has some news for him that might change his mind.

0:23:170:23:20

I've seized your car, sir. No, I haven't removed at the moment.

0:23:200:23:25

I'm ordered here today to seize and, if necessary, remove goods

0:23:250:23:29

to clear this debt, which would mean clearing this place out.

0:23:290:23:32

And then if there's any outstanding money after that's been sold,

0:23:320:23:35

I would then be re-attending your home address.

0:23:350:23:38

I've already been there and seized your Mercedes this morning.

0:23:380:23:41

If there's any outstanding balance,

0:23:430:23:45

I will be reattending with a view to removing goods from your residential

0:23:450:23:50

address if the goods from this property here don't cover the debt.

0:23:500:23:53

OK, sir.

0:23:530:23:54

Lawrence thinks his threats might be getting through to Mr Ioannou.

0:23:550:23:59

That shook him.

0:23:590:24:01

Did it?

0:24:010:24:02

What, going round his house?

0:24:020:24:04

Yeah, that shook him rigid.

0:24:040:24:06

But before they can list any more assets,

0:24:060:24:08

a call comes through for Lawrence.

0:24:080:24:10

But this time it's not Mr Ioannou, it's his solicitor,

0:24:100:24:14

and he's not happy at all about Lawrence's presence

0:24:140:24:17

on the premises or his threats to seize goods.

0:24:170:24:19

He says he's put in an appeal on Mr Ioannou's behalf,

0:24:210:24:25

which means Lawrence should back off.

0:24:250:24:27

But it takes more than a legal qualification

0:24:270:24:29

to stop Lawrence enforcing a writ.

0:24:290:24:32

That doesn't matter to our writ. We have a live writ.

0:24:320:24:35

It doesn't matter.

0:24:360:24:37

That's nothing to do with us.

0:24:400:24:41

I've been handed a live writ and I enforce that writ.

0:24:410:24:44

We're going round and round in circles.

0:24:440:24:46

You do what you've got to do and I'll do what I've got to do. OK?

0:24:460:24:49

Bye-bye.

0:24:490:24:50

After an hour on the premises,

0:24:520:24:53

Lawrence still doesn't have a payment.

0:24:530:24:56

Unless he can convince them they need to pay,

0:24:560:24:58

he could end up with nothing for his client.

0:24:580:25:01

Time to show them he means business.

0:25:010:25:04

Bring on the removal truck.

0:25:040:25:05

All right, Soph.

0:25:070:25:08

I'm going to need at least one 7.5 tonne truck,

0:25:100:25:15

preferably with a tail lift,

0:25:150:25:16

as obviously there's loads of photocopiers.

0:25:160:25:19

And nothing in the office is safe from Lawrence's clutches.

0:25:200:25:23

Are you able to back up the systems?

0:25:230:25:25

Do you know what you need to do to back up the systems,

0:25:250:25:27

because we're going to start turning it off shortly.

0:25:270:25:30

Everything.

0:25:300:25:31

Everything. It's not yours personally, is it?

0:25:310:25:33

It's the company computer.

0:25:330:25:34

Everything will be going. The chairs, the stereo, everything.

0:25:340:25:38

Lawrence would prefer some kind of payment

0:25:380:25:40

to going to the trouble of removing goods.

0:25:400:25:43

He decides to make one last call to the director to see if he can

0:25:430:25:46

get some payment out of him today, even if it's not the full amount.

0:25:460:25:50

Can you do £10,000, which is just under half?

0:25:500:25:53

And after taking a moment to think about it...

0:25:540:25:57

You need to do it by immediate payment, as well,

0:25:570:26:00

so I can check that it's in our bank account.

0:26:000:26:03

Bingo.

0:26:040:26:05

The director can't do £10,000,

0:26:060:26:09

but agrees to pay £7,000, with the rest to follow.

0:26:090:26:12

It might be less than the full writ,

0:26:120:26:15

but with an absent company director and only a large quantity

0:26:150:26:18

of toner cartridges to seize, it's a valuable result for the Sheriffs.

0:26:180:26:22

All right, Soph, could you check the account for me, please?

0:26:220:26:25

I believe the money should be there now.

0:26:250:26:28

All right, lovely. Cheers. Bye-bye.

0:26:280:26:31

And with that it's game, set and match for the Sheriffs.

0:26:320:26:36

A partial payment with the rest to come at a later date.

0:26:360:26:39

Bye-bye.

0:26:400:26:41

Thanks a lot, bye.

0:26:410:26:43

So that's job done as far as we're concerned.

0:26:430:26:45

There's no more we could do today.

0:26:450:26:46

We've probably, in fact, collected more than goods in there were worth,

0:26:460:26:50

so I think we've done quite well to get the part payment.

0:26:500:26:53

An empty house and an unpromising start couldn't stop the Sheriffs

0:26:550:26:58

getting a result, and they're not leaving things there.

0:26:580:27:01

If he doesn't get a stay and he doesn't make any kind of payment

0:27:030:27:05

or puts in a proposal that's accepted by the claimant,

0:27:050:27:08

then we'll be back.

0:27:080:27:10

And since Lawrence's and Kev's visit,

0:27:100:27:13

Photocopiers Direct have paid up the money owed in full.

0:27:130:27:16

Director Costas Ioannou told us

0:27:190:27:21

the only reason he hadn't paid the debt previously was that he

0:27:210:27:24

was still going through the appeals process for the Employment Tribunal.

0:27:240:27:27

He said he had been abroad when his final appeal had been rejected

0:27:290:27:32

and so had been late in paying up.

0:27:320:27:34

He said it was the first time he had gone through the Tribunal process,

0:27:360:27:39

and that the debt had now been paid in full,

0:27:390:27:41

and that the matter had been dealt with and closed.

0:27:410:27:44

Back in the Midlands, Sheriff Darryl Oreton is still locked outside

0:27:530:27:56

the home of letting agent Michael Mooney.

0:27:560:27:59

He's trying to get him to pay up rental money

0:27:590:28:01

he owes to a former client, Sally England.

0:28:010:28:04

With the police on their way,

0:28:050:28:06

he's desperate to ratchet up the pressure on Mr Mooney to pay up.

0:28:060:28:10

If he could get inside the house, he could seize assets.

0:28:110:28:14

But with the front door locked and chained, can he find another way in?

0:28:140:28:18

Sheriffs can legally climb perimeter walls or fences

0:28:260:28:29

at residential properties.

0:28:290:28:32

But today, a sure-footed Darryl just needs to lift the latch.

0:28:320:28:35

And he's in.

0:28:530:28:54

He's looking for an unlocked back door or window

0:28:550:28:58

to get him into the house.

0:28:580:29:00

But he's out of luck.

0:29:060:29:07

That's locked as well.

0:29:110:29:13

After all that hard work.

0:29:130:29:14

Mr Mooney doesn't want Darryl poking round his back yard again,

0:29:170:29:20

and locks the gate behind him.

0:29:200:29:22

GATE CLOSES

0:29:220:29:24

He obviously doesn't know

0:29:240:29:25

Darryl can legally climb the fence any time he wants.

0:29:250:29:28

But Darryl hasn't completely given up on getting inside.

0:29:310:29:34

He'll let the police in, I would have thought

0:29:340:29:37

and he may not lock the door behind him once they're in.

0:29:370:29:40

I can gain peaceful entry then.

0:29:420:29:45

That's what I'm keeping my fingers crossed for.

0:29:460:29:48

And 35 minutes after ringing the police...

0:29:500:29:53

Oh, here they are.

0:29:530:29:54

Got a High Court writ.

0:29:550:29:56

After £1,722 from him.

0:29:580:30:01

He's refusing entry, saying he doesn't owe the money.

0:30:010:30:04

I said, "Well, I'm not going to go until it's resolved,

0:30:040:30:06

"and you do owe the money."

0:30:060:30:08

He just says, "No, I don't, she owes me money, I'm calling the police."

0:30:080:30:11

OK.

0:30:110:30:12

Hence you're out here.

0:30:120:30:14

Not wanting to get in trouble with the office,

0:30:140:30:16

Darryl wants his writ back.

0:30:160:30:19

This is the High Court writ.

0:30:190:30:21

He's actually took a photocopy of it and given me the copy back

0:30:210:30:25

and kept the original.

0:30:250:30:26

Which is very cheeky of him.

0:30:270:30:28

Here to seize goods or collect payment in full.

0:30:280:30:31

If he doesn't want to let you in, what's your next course of action?

0:30:310:30:34

I would probably leave him a letter, give him five days to pay in full.

0:30:340:30:38

He said the police are coming, so I thought I'd better wait for you.

0:30:380:30:41

Yeah. No, you've done the right thing. No problem at all.

0:30:410:30:44

-You've got nothing to hide, have you?

-No, no.

0:30:440:30:46

Just doing your job, at the end of the day.

0:30:460:30:47

So, whether you want a word. Like I say...

0:30:470:30:49

Would you like the original back?

0:30:490:30:51

Yeah, if I could, please, yeah.

0:30:510:30:52

Mr Mooney allows the police in where he wouldn't let Darryl.

0:30:540:30:58

And unfortunately for Darryl...

0:30:590:31:02

Damn. He's locked it.

0:31:020:31:03

After five minutes inside,

0:31:060:31:08

the police come back out, having discussed matters with Mr Mooney.

0:31:080:31:11

Can you do the letter?

0:31:130:31:16

He'll accept the letter.

0:31:160:31:18

In that five days he's going to contact his solicitor

0:31:180:31:20

and find out what his options are.

0:31:200:31:21

Right.

0:31:210:31:23

With the car on a lease and unable to get in the house, Darryl

0:31:230:31:27

has little option but to do as he's told and leave Mr Mooney the letter.

0:31:270:31:32

Given him five days.

0:31:320:31:34

If he doesn't pay, he knows we're going to be coming back.

0:31:340:31:37

And indeed, some days after Darryl's visit,

0:31:370:31:39

Michael Mooney sent a cheque to cover the debt.

0:31:390:31:43

Unfortunately, it bounced.

0:31:430:31:44

Since then, he's agreed with the Sheriffs to settle the debt

0:31:460:31:49

in instalments over the next six months.

0:31:490:31:50

Mr Mooney told us he continues to dispute

0:31:520:31:54

that he owes Sally England any money,

0:31:540:31:57

but says because of his delay in responding to the court,

0:31:570:31:59

it's now too late for him to have the judgement set aside.

0:31:590:32:03

He says he knew nothing of the court judgment until the Sheriffs' visit

0:32:040:32:08

and feels he has done nothing wrong.

0:32:080:32:10

He said he deliberately post-dated his cheque to allow for funds

0:32:100:32:13

to clear into his account,

0:32:130:32:15

and it only bounced because it was banked too early.

0:32:150:32:18

This morning, Sheriffs Marc and Tony are on the road again, and today,

0:32:290:32:33

the only way is Essex.

0:32:330:32:35

They're on the trail of a second hand car dealer called Adrian Lyons,

0:32:400:32:44

the boss of Auto Car Exchange in Westcliff-on-Sea,

0:32:440:32:48

on behalf of very dissatisfied customer.

0:32:480:32:51

The man they're trying to help is IT consultant

0:32:550:32:58

Steve McLaughlin from Kent.

0:32:580:33:00

Steve travels extensively for work, making a safe and reliable vehicle

0:33:010:33:05

an absolute necessity.

0:33:050:33:07

I do a lot of miles.

0:33:080:33:09

I needed a vehicle that, basically, would allow me to get around

0:33:090:33:13

to my clients.

0:33:130:33:14

I do 25,000 miles a year.

0:33:140:33:16

Having decided to purchase a new car,

0:33:160:33:18

Steve spotted a BMW estate for sale online

0:33:180:33:22

through an Essex garage called Auto Car Exchange,

0:33:220:33:26

at which point his troubles began.

0:33:260:33:28

Steve wasted no time visiting the garage

0:33:340:33:36

to look at the car and liked what he saw.

0:33:360:33:38

I took the vehicle out, the vehicle drove fine,

0:33:390:33:42

I had no reason to question anything otherwise.

0:33:420:33:44

Convinced he'd found reliable transport for years ahead,

0:33:460:33:50

Steve struck a deal with garage owner Adrian Lyons for £3,100.

0:33:500:33:54

But just two weeks later, while driving his daughter home,

0:33:550:33:59

something terrible happened.

0:33:590:34:01

All of a sudden, I'm driving down the road

0:34:010:34:03

and the engine revs go through the roof,

0:34:030:34:05

so I pulled it over to the side of the road,

0:34:050:34:07

it was still revving very high, I turned the ignition key off,

0:34:070:34:12

took it out and the engine was still running,

0:34:120:34:14

so I got my daughter and myself to get out of the vehicle,

0:34:140:34:16

and then about three to four seconds after that,

0:34:160:34:18

the engine actually stopped.

0:34:180:34:20

It was quite scary at the time,

0:34:200:34:22

because I've never experienced that before.

0:34:220:34:24

The episode had destroyed Steve's engine

0:34:240:34:26

and the car was now out of action.

0:34:260:34:29

At that point, it was like, what am I going to do now?

0:34:290:34:32

I have no vehicle, and I need a vehicle in order to get around.

0:34:330:34:37

I know that it's quite serious.

0:34:370:34:38

Unable to let down his clients,

0:34:390:34:41

he was forced to make an expensive alternative arrangement,

0:34:410:34:45

buying another vehicle on finance.

0:34:450:34:47

Steve then got hold of Adrian Lyons

0:34:490:34:51

to say the car he'd sold him had lasted just two weeks.

0:34:510:34:55

But Mr Lyons wasn't that interested,

0:34:550:34:57

and suggested it was Steve's job to find out what had gone wrong.

0:34:570:35:01

I was a little bit disappointed being asked to investigate

0:35:020:35:05

what was wrong with the actual vehicle.

0:35:050:35:08

I suppose from the point of view I'd just bought the vehicle,

0:35:080:35:11

it was my responsibility.

0:35:110:35:13

Steve took the car to a BMW mechanic,

0:35:140:35:17

who proceeded to give him some very bad news.

0:35:170:35:20

The engine needed a complete rebuild,

0:35:200:35:22

potentially costing thousands of pounds.

0:35:220:35:25

All I was trying to do was see if we could come to some arrangement

0:35:250:35:28

with the garage, because the fact is I'd only had it two weeks.

0:35:280:35:31

As the vehicle hadn't come with a warranty,

0:35:340:35:36

Steve assumed he had little recourse with Auto Car Exchange.

0:35:360:35:39

Then one of his clients referred him to a part of the

0:35:410:35:44

Sale and Supply of Goods Act, relating specifically to cars.

0:35:440:35:47

He discovered because the car had failed

0:35:480:35:51

within six months of purchase,

0:35:510:35:52

it was the garage's responsibility to sort it out.

0:35:520:35:56

If they didn't, he could demand his money back.

0:35:560:35:58

Steve sent the car back to the garage,

0:35:590:36:01

but Mr Lyons still refused to pay for the repairs.

0:36:010:36:04

Steve felt he had no option but to take legal action.

0:36:060:36:09

This is not the way to do business with people,

0:36:090:36:12

and I just think there are a lot of people

0:36:120:36:15

that feel they can get away with things like that,

0:36:150:36:17

and I wasn't prepared to allow that to happen.

0:36:170:36:20

The case was contested in court,

0:36:200:36:22

and the judge awarded Steve £2,815, almost the full price of the BMW.

0:36:220:36:27

But then Mr Lyons still failed to pay.

0:36:300:36:33

All I got was a lot of aggravation. I would just like my money back.

0:36:330:36:37

It's now up to the Sheriffs to ask for Steve's refund in person.

0:36:380:36:42

It's there, on the corner, up there.

0:36:420:36:44

Finding the garage has proved easy.

0:36:460:36:48

Marc and Tony head straight inside.

0:36:480:36:50

-Hi.

-Hi.

0:36:520:36:53

I'm after Mr Adrian Lyons.

0:36:530:36:55

Mr Lyons.

0:36:550:36:57

Mr Lyons isn't there, but the receptionist gets him on the phone.

0:36:570:37:01

After a short wait, Mr Lyons arrives.

0:37:090:37:11

Come on, then, what's this about?

0:37:130:37:15

You Adrian, are you?

0:37:150:37:16

I am, yeah.

0:37:160:37:17

It's about a judgment that was issued

0:37:170:37:20

and then they've taken it to the High Court.

0:37:200:37:22

A Stephen McLaughlin is the claimant.

0:37:220:37:25

Right, I'll show you the paperwork that I've just applied for,

0:37:250:37:27

to the court, which I've just been down to get the paperwork

0:37:290:37:31

from my accountant.

0:37:310:37:33

Mr Lyons says he's written to the court offering to pay his debt

0:37:330:37:36

to Steve in instalments,

0:37:360:37:38

and so doesn't believe he needs to pay the Sheriffs today.

0:37:380:37:41

But what Marc knows, and Mr Lyons doesn't,

0:37:430:37:45

is that Steve already rejected this offer.

0:37:450:37:48

Whatever action Mr Lyons has taken, therefore,

0:37:490:37:52

won't stop Marc enforcing this writ.

0:37:520:37:55

This is still a live writ.

0:37:550:37:56

They didn't tell me that. They didn't tell me that at all at the time.

0:37:560:37:59

They told me if I sent off the necessary paperwork,

0:37:590:38:01

application form with £40, they would look into it.

0:38:010:38:05

He's wrote to the court saying I'm not accepting instalments,

0:38:050:38:08

which he doesn't have to.

0:38:080:38:10

If a judgement's been made, he doesn't have to accept instalments.

0:38:100:38:13

He can demand the full amount.

0:38:130:38:15

It's news Mr Lyons doesn't like at all.

0:38:160:38:19

Jumped up a bit.

0:38:210:38:22

Yeah.

0:38:220:38:23

What's that, you two getting paid?

0:38:230:38:25

There's a fee on there for us coming out here,

0:38:250:38:27

which is the Sheriff's fees.

0:38:270:38:30

And then the judgments cost are obviously on there,

0:38:300:38:33

and then VAT, and then you get charged interest.

0:38:350:38:38

I can't see why that's legal.

0:38:380:38:39

If he's refused it, why haven't they told me he's refused it?

0:38:390:38:42

I don't know, I can't answer for the court, I don't know.

0:38:420:38:45

Mr Lyons rings the court to check on where he stands.

0:38:470:38:51

But Marc already knows that he's wasting his time.

0:38:510:38:54

I've applied for making a monthly payment.

0:38:540:38:57

I've just been down to my accountant to pick up the payment necessary

0:38:570:39:01

and I've got the demand for £3,731 from the High Court.

0:39:010:39:07

They're here to seize goods and I'm saying to them

0:39:070:39:09

I've got an application to go through

0:39:090:39:11

and they're saying they're not interested.

0:39:110:39:13

Right, OK. Thank you very much.

0:39:130:39:16

Well, what she's saying is because there's an application

0:39:160:39:20

going through to Maidstone CC, that I should show that to you

0:39:200:39:23

and he's got an application going through to oppose it,

0:39:230:39:27

but she said they didn't know that.

0:39:270:39:29

She said I should show that to you and there'll be a time period wait

0:39:290:39:32

-until he decides what he's going to do.

-No.

0:39:320:39:34

That's what she's told me.

0:39:340:39:36

It doesn't put a stay on the writ, unfortunately.

0:39:360:39:40

The writ's still live and it needs to be paid while we're here.

0:39:400:39:44

It's live until the court puts a stay on it.

0:39:440:39:46

You can see what I'm saying...

0:39:470:39:50

Yeah, I can...

0:39:500:39:51

I've got it here in black and white from a court.

0:39:510:39:54

It's the second time in 40-odd years I've been to court,

0:39:540:39:57

there it is, asking me what to do and giving me a date, period, 14th June.

0:39:570:40:02

Yeah, But it doesn't put a stay on the High Court writ, unfortunately.

0:40:020:40:06

There's no getting round it.

0:40:060:40:08

Mr Lyons will have to find a way to pay,

0:40:080:40:10

or the Sheriffs could seize some of his cars

0:40:100:40:12

to auction to pay off the debt.

0:40:120:40:14

So what's the situation?

0:40:160:40:18

I need to collect the amount that's outstanding.

0:40:180:40:21

You won't take a cheque, will you?

0:40:210:40:23

No.

0:40:230:40:24

Let me make a phone call.

0:40:240:40:26

That's all right.

0:40:260:40:27

While Mr Lyons checks his finances, Marc takes stock.

0:40:300:40:34

I think we've got a reasonable chance here.

0:40:340:40:37

To be honest, I can see where he's coming from,

0:40:370:40:39

but unfortunately he hasn't filled it in.

0:40:390:40:41

There's a system and he's not followed the system.

0:40:410:40:44

No. There's stuff here, there's lots of vehicles here.

0:40:450:40:49

I think he's going to have to pay, to be honest,

0:40:500:40:53

otherwise we'll be taking some stuff away.

0:40:530:40:55

Dave, where are you, Dave?

0:40:550:40:56

Have you got a debit card with £3,800 on?

0:40:580:41:03

Do you want to shoot up to the showroom, pay a judgment to me

0:41:060:41:09

and I'll sort it out to you with something else?

0:41:090:41:11

All right, I appreciate that. Thanks, mate. Bye.

0:41:130:41:15

It's a bull's-eye for Marc and Tony.

0:41:160:41:19

Mr Lyons is going to find a way to pay.

0:41:190:41:22

Soon after, a friend arrives

0:41:220:41:23

to cover the payment on their debit card.

0:41:230:41:25

A paid in full means job done for Marc and Tony.

0:41:280:41:30

That wasn't too bad, actually, and we wasn't even in there that long.

0:41:320:41:36

He's paid in full. That's a good result for us, to be honest.

0:41:360:41:40

I'm quite happy with that.

0:41:400:41:42

That went a lot smoother than I thought it was going to go.

0:41:420:41:45

He was actually quite a nice guy, he was all right with us,

0:41:450:41:48

he was quite civil.

0:41:480:41:50

It's the kind of jobs you quite like doing, to be honest.

0:41:500:41:53

So it's all's well that ends well for the Sheriffs,

0:41:540:41:58

and for Steve, who finally got back the money he was owed for so long.

0:41:580:42:01

On June 13th I received a letter advising that they'd actually

0:42:030:42:06

been to the premises, and that they're pleased to confirm,

0:42:060:42:08

pending clearance, they've received the payment in full.

0:42:080:42:11

Because I borrowed some money on finance to actually be able

0:42:110:42:14

to purchase the vehicle that I needed straight away,

0:42:140:42:18

I've actually got the ability to pay that finance off now, so it means

0:42:180:42:22

I haven't got to find that £200 a month ongoing monthly commitment.

0:42:220:42:26

You know, I'm really pleased.

0:42:260:42:28

It's the agony of going through the whole process was worth

0:42:280:42:31

it in the end, and justice has prevailed.

0:42:310:42:33

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