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-Meet the Sheriffs. -We'll introduce ourselves. | 0:00:02 | 0:00:04 | |
-I'm a High Court Enforcement Officer. -We're here to execute a High Court writ. | 0:00:04 | 0:00:08 | |
They're the men whose job it is to get you your money back. | 0:00:08 | 0:00:11 | |
It's an arrestable offence to stop me doing my job. | 0:00:11 | 0:00:13 | |
If you've been ripped off and don't know where to turn... | 0:00:13 | 0:00:16 | |
-I'm not waiting. -I'm ordered to seize goods to clear this debt, | 0:00:16 | 0:00:19 | |
which would mean clearing this place out. | 0:00:19 | 0:00:21 | |
..if you've been to court but still not been paid what you're owed. | 0:00:21 | 0:00:25 | |
-Why don't you tell me who you are? -This is an absolute crock. You need to pay this. | 0:00:25 | 0:00:29 | |
The High Court Enforcement Officers are charged by law to recover | 0:00:29 | 0:00:32 | |
what a court says is rightfully yours. | 0:00:32 | 0:00:35 | |
I've seized your car, sir. | 0:00:35 | 0:00:37 | |
-You can have a letter through the door, or we'll go through the window. -Whoa, whoa, whoa! | 0:00:37 | 0:00:40 | |
-It's time to call the Sheriffs. -Collected 42 grand. | 0:00:40 | 0:00:43 | |
Coming up: Kath Parton was promised a new driveway, | 0:00:46 | 0:00:50 | |
but she was left with a pile of bricks. | 0:00:50 | 0:00:53 | |
It is rubbish. My savings have all deteriorated because of it. | 0:00:53 | 0:00:57 | |
Can the Sheriffs get her her money back? | 0:00:59 | 0:01:02 | |
It'll be a case of seizing the vehicles, whatever we can. | 0:01:02 | 0:01:05 | |
Internet whizz Paul Keene carried out work for this leafleting company, | 0:01:05 | 0:01:09 | |
but never received £3,500 of wages he was due. | 0:01:09 | 0:01:14 | |
The whole experience has been a constant annoyance, | 0:01:14 | 0:01:17 | |
it's been a thorn in my side, it's something I want to get rid of. | 0:01:17 | 0:01:20 | |
The Sheriffs go in search of his money. | 0:01:20 | 0:01:22 | |
The only way to prevent further action today is to pay in full. | 0:01:22 | 0:01:27 | |
And the Sheriffs get more than they bargained for at a North London car dealer. | 0:01:28 | 0:01:33 | |
You need to get him on the phone, cos if this isn't paid, we're going to remove several of your vehicles. | 0:01:33 | 0:01:38 | |
The Sheriffs collect 93p for every pound they're asked to enforce. | 0:01:41 | 0:01:46 | |
But despite this high ratio of success, | 0:01:46 | 0:01:48 | |
life isn't always easy for them. | 0:01:48 | 0:01:50 | |
On their way to get justice for someone else are Sheriffs Darryl Oreton and Mark Povey. | 0:01:52 | 0:01:58 | |
We're off to Bridgnorth now to try and find a Mr Julian Clifford Milner. | 0:01:58 | 0:02:03 | |
Mr Milner's a builder who owes a large debt to a lady he did some work for, | 0:02:05 | 0:02:09 | |
and Darryl has reason to believe it might not be a straightforward visit this morning. | 0:02:09 | 0:02:15 | |
It's a residential address. | 0:02:15 | 0:02:17 | |
We have reasons to believe he may not be living there. | 0:02:17 | 0:02:21 | |
The post has been returned, has gone away, | 0:02:21 | 0:02:24 | |
but that could all just be to throw us off the scent, | 0:02:24 | 0:02:26 | |
so we're going to go there now, and hopefully he'll be there. | 0:02:26 | 0:02:30 | |
If he isn't there, we'll find out if he is living there, | 0:02:30 | 0:02:33 | |
see what assets are around and seize whatever we can. | 0:02:33 | 0:02:39 | |
The person they're on their way to help is Kath Parton. | 0:02:39 | 0:02:43 | |
Two years ago, she decided to have a new block-paved driveway built. | 0:02:44 | 0:02:49 | |
She didn't know it at the time, but it was a decision that would see her | 0:02:49 | 0:02:53 | |
thousands of pounds out of pocket and having to go through the courts to try and get it back. | 0:02:53 | 0:02:58 | |
He said he'd do me a better drive than he did the one next door - far better. | 0:02:58 | 0:03:03 | |
Ha-ha! That's the biggest joke in the world. | 0:03:03 | 0:03:06 | |
Kath first came across builder Julian Milner when he was working on the house next door. | 0:03:14 | 0:03:19 | |
I thought he was a very decent man. I thought he was reasonable, and that he was an honest man. | 0:03:20 | 0:03:26 | |
Mr Milner quoted Kath £4,600 to do her driveway | 0:03:26 | 0:03:30 | |
and build a double brick boundary wall around the edge of the house. | 0:03:30 | 0:03:35 | |
He said he'd have it done in no time. | 0:03:36 | 0:03:39 | |
Yes, I was over the moon. I was telling the neighbours | 0:03:39 | 0:03:42 | |
I was going to have it done in two to three weeks' time, yes. | 0:03:42 | 0:03:46 | |
Thinking she was onto a winner, Kath paid Mr Milner up front from her life savings. | 0:03:46 | 0:03:51 | |
It was a decision she came to regret. | 0:03:51 | 0:03:54 | |
Within a few weeks of starting the job, Mr Milner's attendance had become sporadic. | 0:03:54 | 0:03:59 | |
And for Kath, worse was to come. While she waited for Mr Milner to finish, | 0:03:59 | 0:04:04 | |
she suffered a car accident, leaving her with her arms and legs broken. | 0:04:04 | 0:04:09 | |
She's still in constant pain and her mobility's severely restricted. | 0:04:09 | 0:04:14 | |
Now unable to drive, the driveway became even more important | 0:04:14 | 0:04:18 | |
to give her easy access for the mobility scooter that's now her lifeline. | 0:04:18 | 0:04:24 | |
But instead of aiding her recovery, three months after starting the job Mr Milner walked off site, | 0:04:24 | 0:04:30 | |
the driveway still unfinished and the wall barely started. | 0:04:30 | 0:04:33 | |
That is the wall that he laid. It's a disgrace. You can just shove them. | 0:04:34 | 0:04:39 | |
Look at this, how easy it is to lift a brick out. | 0:04:39 | 0:04:43 | |
This will not last very much longer. It is rubbish. What a bloody mess! | 0:04:43 | 0:04:50 | |
It wasn't just Kath that thought so. With Mr Milner refusing to answer her calls, | 0:04:50 | 0:04:55 | |
Kath decided to pay for an independent surveyor to look at the work he'd done. | 0:04:55 | 0:05:00 | |
His conclusion was it was all substandard. | 0:05:01 | 0:05:05 | |
Even the concrete he'd laid for the foundation of the wall was substandard. | 0:05:05 | 0:05:10 | |
It needed taking up and redoing. | 0:05:10 | 0:05:12 | |
That was enough for me to know that he hadn't done the work properly. | 0:05:12 | 0:05:17 | |
The surveyor estimated it would cost over £12,000 to rectify the work to a proper standard. | 0:05:17 | 0:05:23 | |
Kath wrote to Mr Milner demanding a refund. | 0:05:23 | 0:05:26 | |
He offered to finish the work himself, | 0:05:26 | 0:05:29 | |
but by this stage, Kath had had more than enough of him. | 0:05:29 | 0:05:32 | |
No. No, I didn't want him back here to do the work. | 0:05:32 | 0:05:36 | |
No, I wanted my money back. | 0:05:36 | 0:05:38 | |
Kath decided to start court proceedings against him to get her money back. | 0:05:40 | 0:05:45 | |
Mr Milner responded in writing, admitting to problems with the job | 0:05:45 | 0:05:49 | |
and offering a one-off £4,000 payment in response. | 0:05:49 | 0:05:54 | |
But by now, Kath needed more than that to cover her legal costs and rebuild the drive. | 0:05:54 | 0:06:01 | |
Had to use all my savings completely to pay for all the legal fees, | 0:06:01 | 0:06:05 | |
all the legal courts, everything. I've had to use it all up, so I'm not able to put the drive right. | 0:06:05 | 0:06:11 | |
The judge agreed with Kath, awarding her the full amount she was after, plus her court costs. | 0:06:12 | 0:06:19 | |
But despite her victory, Kath's still not received any payment from Mr Milner. | 0:06:19 | 0:06:24 | |
My savings have all deteriorated because of it. | 0:06:24 | 0:06:27 | |
I've got nothing at the back of me now for the latter part of my years, | 0:06:29 | 0:06:34 | |
or whatever's left of my life. | 0:06:34 | 0:06:36 | |
Determined not to give up, Kath's only hope now rests with the Sheriffs. | 0:06:36 | 0:06:42 | |
With her hopes on their shoulders, Darryl and Mark arrive at Mr Milner's home. | 0:06:44 | 0:06:49 | |
They've only got one thing on their minds - getting her back the money she so desperately needs. | 0:06:49 | 0:06:56 | |
They use their van to block in the expensive-looking vehicles on the drive | 0:06:56 | 0:07:00 | |
in case they need to seize them, before heading for the door. | 0:07:00 | 0:07:04 | |
DOG BARKS | 0:07:04 | 0:07:06 | |
Early signs at the house, however, are not looking good. | 0:07:09 | 0:07:12 | |
There's no-one answering the door... | 0:07:12 | 0:07:14 | |
..so Darryl goes round the back. | 0:07:17 | 0:07:20 | |
Sheriffs are legally allowed to enter residential properties through unlocked doors or windows, | 0:07:20 | 0:07:25 | |
and with the side gate unlocked, Darryl's straight into the back garden. | 0:07:25 | 0:07:29 | |
The only thing home, however, seems to be canine. | 0:07:31 | 0:07:35 | |
DOG BARKS Don't know. Like a chocolatey Labrador thing. | 0:07:35 | 0:07:39 | |
All the doors are locked around there. There's a dog inside. No sign of life. | 0:07:42 | 0:07:47 | |
Darryl gives the house one more knock, | 0:07:51 | 0:07:56 | |
but it's not looking hopeful. | 0:07:56 | 0:07:57 | |
There's a lot of cobwebs on this. | 0:08:01 | 0:08:03 | |
Darryl tries the neighbours. | 0:08:03 | 0:08:04 | |
Excuse me, sir. Hi, there. | 0:08:04 | 0:08:09 | |
I was trying to get hold of Mr Milner. | 0:08:09 | 0:08:12 | |
-No idea. -He's not on holiday or anything? | 0:08:12 | 0:08:15 | |
But they can't help. | 0:08:15 | 0:08:17 | |
With no-one to talk to, all the Sheriffs can do is size up what assets are on site. | 0:08:17 | 0:08:22 | |
Luckily, there's no shortage of expensive cars or other goods. | 0:08:22 | 0:08:27 | |
Just go around the back and just see whatever goods are in the back garden, | 0:08:27 | 0:08:30 | |
barbeques or table and chairs or something. | 0:08:30 | 0:08:32 | |
DOG BARKS | 0:08:32 | 0:08:34 | |
Got no phone numbers. | 0:08:36 | 0:08:38 | |
It may just be a case of seizing the vehicles, whatever we can, and leaving the paperwork. | 0:08:38 | 0:08:44 | |
With full access to the garden, | 0:08:44 | 0:08:46 | |
there are plenty of assets for Mark to get listing. | 0:08:46 | 0:08:49 | |
The dog's not happy about the Sheriffs being on site, | 0:08:49 | 0:08:52 | |
but being locked inside, he is at least off their seizure list. | 0:08:52 | 0:08:56 | |
Other wildlife, however, aren't so lucky. | 0:08:56 | 0:08:59 | |
Koi carp in there, as well. | 0:08:59 | 0:09:01 | |
Darryl's seizure is, however, drawing to a close. | 0:09:01 | 0:09:05 | |
They deliver a walking possession through the letterbox. | 0:09:05 | 0:09:08 | |
What they've listed is now the court's, on paper at least. | 0:09:08 | 0:09:12 | |
Darryl and Mark are hoping they won't be unsuccessful for Kath, | 0:09:12 | 0:09:15 | |
but with no-one home, they're forced, today at least, to call a halt. | 0:09:15 | 0:09:20 | |
There's not much more we can do. There's no-one here, neighbours have no information. | 0:09:20 | 0:09:24 | |
So, we've seized the vehicles, what we can, around the back, | 0:09:24 | 0:09:28 | |
left them some paperwork, so hopefully they'll respond, | 0:09:28 | 0:09:33 | |
give me a phone call and see what they can do about paying it off. | 0:09:33 | 0:09:37 | |
But Darryl's not entirely disheartened, and is still hopeful of a good result for Kath. | 0:09:37 | 0:09:43 | |
Although we didn't make contact, it was actually a better result than I was expecting. | 0:09:43 | 0:09:48 | |
There's a dog inside, and cats inside, | 0:09:48 | 0:09:51 | |
chickens in the back garden. There's definitely someone here looking after these animals. | 0:09:51 | 0:09:56 | |
There's four cars. There's a whole family living here, so we'll be in touch with him today, definitely. | 0:09:56 | 0:10:02 | |
And indeed, Darryl's faith is well placed. | 0:10:02 | 0:10:05 | |
With the weight of a High Court writ behind them, sometimes just the Sheriffs' paperwork alone | 0:10:05 | 0:10:10 | |
is enough to get a result on behalf of their clients. | 0:10:10 | 0:10:14 | |
Some days after their visit, Mr Milner agreed to enter into a court-appointed payment plan. | 0:10:14 | 0:10:20 | |
Kath has already received the first contribution, and is understandably delighted. | 0:10:20 | 0:10:26 | |
Altogether it's been a beautiful day. | 0:10:26 | 0:10:29 | |
He's got to pay every month otherwise the Enforcement Officers will be back down on him | 0:10:29 | 0:10:33 | |
and they will take goods and everything else | 0:10:33 | 0:10:37 | |
to cover the cost of that monthly payment, | 0:10:37 | 0:10:39 | |
so whether he likes it or not, he's in trouble. | 0:10:39 | 0:10:43 | |
I feel not only have I been vindicated, | 0:10:43 | 0:10:47 | |
I can really jump for joy to know I was right. | 0:10:47 | 0:10:52 | |
Over nine million cars change hands every year. | 0:11:02 | 0:11:05 | |
I like these. They are proper juicy, aren't they? | 0:11:05 | 0:11:09 | |
And last year, the Office Of Fair Trading | 0:11:09 | 0:11:12 | |
received over 60,000 complaints from people about used cars. | 0:11:12 | 0:11:16 | |
It's perhaps no surprise, therefore, that of all the businesses that the Sheriffs visit, | 0:11:17 | 0:11:22 | |
there's one industry that they deal with more than most. | 0:11:22 | 0:11:25 | |
Just clamp it. Clamp it. Clamp it. | 0:11:25 | 0:11:28 | |
Car dealers. | 0:11:28 | 0:11:30 | |
It's about a High Court writ that's been issued. | 0:11:30 | 0:11:32 | |
And this morning, Sheriffs Lawrence Grix and Kev McNally are on the trail of just such a case. | 0:11:34 | 0:11:39 | |
We are on our way to Greenford at the moment. | 0:11:39 | 0:11:42 | |
They're heading west for a face-off with a Middlesex car dealership called Stylish Motors, | 0:11:42 | 0:11:48 | |
on behalf of Destiny Kedwell - someone who found the garage didn't measure up to its name. | 0:11:48 | 0:11:53 | |
Apparently they took her car in part exchange, | 0:11:53 | 0:11:56 | |
and then the car they sold her blew up or something like that. | 0:11:56 | 0:12:01 | |
Destiny bought an Audi TT from the garage for just over £3,200, | 0:12:02 | 0:12:08 | |
but found numerous faults with it, which she had to pay to fix. | 0:12:08 | 0:12:12 | |
Eventually, she rejected the vehicle and demanded her money back, | 0:12:12 | 0:12:16 | |
but couldn't come to an agreement with the garage, so the matter went to court. | 0:12:16 | 0:12:21 | |
When Stylish Motors failed to contest the case, | 0:12:21 | 0:12:24 | |
a judgment ordered the company to pay Destiny £4,900 in compensation. | 0:12:24 | 0:12:30 | |
So far, the garage has failed to pay a penny. | 0:12:30 | 0:12:35 | |
But today, Lawrence fancies his chances of getting her money back. | 0:12:35 | 0:12:39 | |
Hopefully, being a car dealership, we'll find some cars there, | 0:12:39 | 0:12:43 | |
and we might have a bit of luck on this one. | 0:12:43 | 0:12:45 | |
The garage is open and its forecourt full. | 0:12:50 | 0:12:53 | |
Hello. | 0:12:53 | 0:12:55 | |
You work here, do you? I'll show you some ID. My name's Mr Grix. | 0:12:55 | 0:13:00 | |
I'm an Enforcement Officer. I'm here today to execute a High Court writ against Stylish Motors. | 0:13:00 | 0:13:05 | |
You need to get him on the phone, because we're here | 0:13:05 | 0:13:07 | |
to seize goods, and we will be removing cars from the forecourt | 0:13:07 | 0:13:10 | |
-to clear this debt. -Can you get him on the phone? | 0:13:10 | 0:13:14 | |
The man's struggling to get hold of his boss, who he says is out of London. | 0:13:14 | 0:13:20 | |
Does his phone not work outside of London? | 0:13:20 | 0:13:24 | |
But does his phone not work outside London? | 0:13:24 | 0:13:26 | |
Perhaps you need to phone him back and tell him the cars will be going off his forecourt. | 0:13:26 | 0:13:30 | |
He might be a bit quicker to call you back, then. | 0:13:30 | 0:13:33 | |
Have you got the keys for these vehicles? | 0:13:33 | 0:13:36 | |
Are they in the office? | 0:13:36 | 0:13:37 | |
Can you grab them for us, or open up the office, as well? | 0:13:37 | 0:13:41 | |
While the man left holding the fort is proving very helpful... | 0:13:43 | 0:13:47 | |
Have you got the facility to pay on his behalf? | 0:13:47 | 0:13:50 | |
..he explains he has no means of settling the debt they've come to collect. | 0:13:50 | 0:13:55 | |
You need to get him on the phone, cos if this isn't paid, we're going to remove several of your vehicles. | 0:13:55 | 0:14:01 | |
With a garage full of cars to choose from, the Sheriffs are in their element. | 0:14:01 | 0:14:06 | |
It's just a case of choosing which ones to take and sell to pay Destiny Kedwell's debt. | 0:14:06 | 0:14:11 | |
Is there a BMW out there, is there? | 0:14:11 | 0:14:13 | |
-Can you see a BMW out there, Kevin? -BMW? There's one there. Is that a BM? -Oh, yeah. | 0:14:16 | 0:14:22 | |
No. It don't seem to be doing that one. | 0:14:24 | 0:14:27 | |
-Range Rover Vogue? That would cover it. -I can't see one. | 0:14:29 | 0:14:33 | |
No, neither can I. We'll find it. Where's the Range Rover? | 0:14:33 | 0:14:36 | |
But Lawrence and Kev soon start to realise | 0:14:37 | 0:14:40 | |
that some of the most expensive vehicles they have the keys to are not on the forecourt. | 0:14:40 | 0:14:45 | |
These are the ones worth having, clearly. | 0:14:46 | 0:14:48 | |
You've got Mercedes key rings, BMW key rings, Range Rover. Where are all these cars? | 0:14:48 | 0:14:52 | |
And were is the other yard? | 0:14:55 | 0:14:58 | |
It's too far, is it? We decide what's too far. | 0:14:58 | 0:15:01 | |
Finally, the salesman succeeds in getting through to someone. | 0:15:01 | 0:15:06 | |
The owner's still off radar but his garage manager wants to talk to Lawrence, | 0:15:06 | 0:15:10 | |
who's more than happy to fill her in on what's happening. | 0:15:10 | 0:15:13 | |
We've got access to all the keys. We're just going through the documentation for the vehicles now. | 0:15:13 | 0:15:18 | |
So, we're looking to remove sufficient vehicles. | 0:15:18 | 0:15:22 | |
The manager says the vehicles can't be seized | 0:15:22 | 0:15:25 | |
as they are all being sold on behalf of customers and so, conveniently, don't belong to Stylish Motors. | 0:15:25 | 0:15:31 | |
It doesn't matter who they are registered to. | 0:15:31 | 0:15:34 | |
It's who they are owned by. | 0:15:34 | 0:15:36 | |
So why are they on your forecourt, then? | 0:15:36 | 0:15:38 | |
Lawrence doesn't believe he's being told the truth. | 0:15:39 | 0:15:42 | |
He wants to see who these vehicles are registered to. | 0:15:42 | 0:15:45 | |
Documentation for the BMW? | 0:15:45 | 0:15:48 | |
It's left to the unlucky sales assistant to find the paperwork and answer his questions. | 0:15:48 | 0:15:52 | |
The lady said these are all customers' cars. That's what she told me on the phone. | 0:15:52 | 0:15:57 | |
So, you're selling that BMW on behalf of Lothian and Borders Police, are you? I think not. | 0:15:57 | 0:16:02 | |
I don't think they are going to trek down to a little car dealer's in Greenford, somehow. | 0:16:02 | 0:16:08 | |
What Lawrence thinks is these cars are all owned by the garage, | 0:16:08 | 0:16:11 | |
they've just failed to send off the vehicle paperwork after buying them. | 0:16:11 | 0:16:16 | |
Having seen and heard enough, he gets on the phone to alert the office | 0:16:16 | 0:16:19 | |
they're likely to need a tow truck. | 0:16:19 | 0:16:22 | |
Can you get us indemnity to remove a couple of cars, please? | 0:16:22 | 0:16:25 | |
All we've got here is a salesman who doesn't know anything, can't pay anything. | 0:16:25 | 0:16:29 | |
With a garage full of cars to choose from, the Sheriffs are in their element. | 0:16:32 | 0:16:37 | |
We had the keys for that silver Mazda, didn't we? What's behind that? | 0:16:37 | 0:16:42 | |
Have you got the documentation for that, the blue Micra? | 0:16:42 | 0:16:45 | |
It's just a case of choosing which ones to take and sell to pay off what Destiny's owed. | 0:16:45 | 0:16:50 | |
-Honda Civic, green. No. -That brace of BMWs looks quite good, doesn't it? | 0:16:50 | 0:16:55 | |
The grey ones next to the silver one. So, we'll have the silver Mazda and we'll have the BMW, | 0:16:55 | 0:16:59 | |
and we've got the keys to move the blue Micra out the way. | 0:16:59 | 0:17:01 | |
-The rest of it can go back, mate. That's it. -I don't know what order they were. | 0:17:01 | 0:17:06 | |
With three of their vehicles standing to be removed, | 0:17:10 | 0:17:13 | |
the salesman decides to make another phone call. | 0:17:13 | 0:17:16 | |
This time he's managed to get straight through to the owner | 0:17:16 | 0:17:20 | |
and breaks the news there's two impatient Sheriffs with their hands on his car keys. | 0:17:20 | 0:17:25 | |
It's crunch time. Can Lawrence persuade him to pay up? | 0:17:25 | 0:17:30 | |
Because it's gone to court, sir. There is judgement against you. | 0:17:30 | 0:17:33 | |
There is now execution costs on it, there is interest going on it on a daily rate. | 0:17:33 | 0:17:36 | |
There's our fees for coming out today, and there's VAT. | 0:17:36 | 0:17:40 | |
Right, so you're saying you haven't got the money to pay it. | 0:17:40 | 0:17:42 | |
We're sent out to remove goods, and that's what we're here for today. | 0:17:42 | 0:17:46 | |
The only way you can prevent that is to pay in full. So, no part payments or anything like that. | 0:17:46 | 0:17:50 | |
It's got to be paid in full. | 0:17:50 | 0:17:52 | |
Right. It needs to be done by immediate payment, sir. | 0:17:53 | 0:17:55 | |
We cannot leave until that money hits our bank account. | 0:17:55 | 0:17:58 | |
OK, do you want me to hand the phone back to him? No, he's gone. Right. | 0:17:58 | 0:18:02 | |
The owner says he'll try to pay the money Destiny's owed by bank transfer. | 0:18:02 | 0:18:08 | |
He also explains why he's not there to deal with the matter in person. | 0:18:08 | 0:18:12 | |
Apparently the boss is out in Egypt on honeymoon. | 0:18:12 | 0:18:15 | |
Right. You said he was outside of London. | 0:18:15 | 0:18:17 | |
-Well, Egypt's is outside London, Kev. -It is that. I don't know if I'd describe it... | 0:18:17 | 0:18:21 | |
Don't be splitting hairs. We're both bald, we haven't got any to split. | 0:18:21 | 0:18:25 | |
Lawrence supplies the salesman with their account details | 0:18:25 | 0:18:28 | |
to pass on to his honeymooning boss. | 0:18:28 | 0:18:31 | |
He also gives him some free sales advice. | 0:18:31 | 0:18:33 | |
Do you want to answer that? It might be a customer. | 0:18:33 | 0:18:36 | |
They might want to buy one of your cars for ten grand, then you can just pay me. | 0:18:36 | 0:18:41 | |
Lawrence and Kev wait to see if the payment comes through. | 0:18:41 | 0:18:45 | |
Are you texting him the details, are you? | 0:18:46 | 0:18:48 | |
Just make doubly sure you get it right, because if you get one digit wrong | 0:18:48 | 0:18:51 | |
and it goes into the wrong bank account, we'll be taking the cars. | 0:18:51 | 0:18:55 | |
A man arrives who seems familiar with both the business and the debt. | 0:18:55 | 0:18:59 | |
He demands our camera leaves the premises. | 0:18:59 | 0:19:02 | |
All right, Frankie. | 0:19:02 | 0:19:04 | |
15 minutes later, Lawrence receives confirmation from the office that payment's been made, in full. | 0:19:04 | 0:19:10 | |
OK, I'll issue a conditional receipt. | 0:19:10 | 0:19:13 | |
Well - almost, anyway. | 0:19:13 | 0:19:15 | |
63p short, but I'm not going to argue over 63p. HE LAUGHS | 0:19:15 | 0:19:18 | |
-Thank you very much. -Cheers, guys. -Bye-bye. | 0:19:18 | 0:19:21 | |
It's been a textbook enforcement from Lawrence and Kev, | 0:19:21 | 0:19:24 | |
and means Destiny will finally get her money, in full. | 0:19:24 | 0:19:29 | |
-Paid! -Hallelujah, eh? | 0:19:29 | 0:19:33 | |
Today, Lawrence and Kev are heading for an Essex showdown | 0:19:41 | 0:19:45 | |
with the owner of a leaflet distribution company | 0:19:45 | 0:19:48 | |
who decided they'd rather not pay for work they'd had done for them. | 0:19:48 | 0:19:53 | |
Just coming into Loughton at the moment, | 0:19:53 | 0:19:56 | |
we're going to a business address, but for an individual, | 0:19:56 | 0:20:00 | |
a Miss Charlotte Walker. She's been sued by a gentleman. | 0:20:00 | 0:20:06 | |
We're there to collect £5,197.15. | 0:20:06 | 0:20:11 | |
It is an industrial unit, so hopefully at this time of day there will be somebody in there, | 0:20:11 | 0:20:16 | |
so we'll at least be able to get entry and make contact with somebody. | 0:20:16 | 0:20:19 | |
The man Lawrence and Kev are trying to help | 0:20:22 | 0:20:25 | |
is search engine consultant and computer whizz, Paul Keene. | 0:20:25 | 0:20:29 | |
Paul runs his own small business | 0:20:29 | 0:20:31 | |
specialising in a hi-tech form of internet marketing. | 0:20:31 | 0:20:35 | |
SEO stands for search engine optimisation, | 0:20:35 | 0:20:39 | |
it's the legal manipulation of a website | 0:20:39 | 0:20:41 | |
to get higher up on the search engines, for example, Google, Yahoo and Bing. | 0:20:41 | 0:20:46 | |
Paul's skills made him a man much in demand in this cutting-edge industry, | 0:20:47 | 0:20:51 | |
but have also left him with an old-fashioned problem - | 0:20:51 | 0:20:55 | |
being owed thousands of pounds and needing the Sheriffs' help | 0:20:55 | 0:20:59 | |
after taking on a client he quickly came to regret. | 0:20:59 | 0:21:03 | |
It was frustrating, it was an insult. | 0:21:03 | 0:21:04 | |
The work's been done, a lot of hours have been put in, | 0:21:04 | 0:21:07 | |
you've got the results for the client, and you expect to be paid. | 0:21:07 | 0:21:11 | |
Paul's problems began when he was contacted by leafleting business Walkers Distributions. | 0:21:18 | 0:21:23 | |
They wanted him to raise the business's profile on the internet. | 0:21:25 | 0:21:28 | |
Yes, they seemed like a very decent company, and a company I could work with, | 0:21:30 | 0:21:34 | |
being a smallish organisation, which we specialise in. | 0:21:34 | 0:21:39 | |
Making the company more prominent on the internet | 0:21:40 | 0:21:43 | |
would give it a big advantage over its competitors in attracting new clients. | 0:21:43 | 0:21:47 | |
Walkers Distributions signed a 12-month contract, | 0:21:48 | 0:21:51 | |
agreeing to pay monthly for Paul's services, | 0:21:51 | 0:21:54 | |
and the project got under way. | 0:21:54 | 0:21:56 | |
Initially when a campaign starts, more work is put in, | 0:21:56 | 0:22:00 | |
to link-building, adding content, checking over the website. | 0:22:00 | 0:22:05 | |
making sure there's no crawling errors or anything else. | 0:22:05 | 0:22:08 | |
Doing all these things will push their website higher up the rankings. | 0:22:08 | 0:22:14 | |
It can take any time between four to six months | 0:22:14 | 0:22:17 | |
to see the positive benefits of this. | 0:22:17 | 0:22:20 | |
Paul's small team worked hard putting in the hi-tech groundwork required | 0:22:20 | 0:22:24 | |
to boost the company's online profile. | 0:22:24 | 0:22:27 | |
But he soon realised all wasn't well | 0:22:27 | 0:22:29 | |
when Walkers' first monthly payment was hundreds of pounds below what had been agreed. | 0:22:29 | 0:22:35 | |
The second failed to arrive at all. | 0:22:35 | 0:22:38 | |
They were talking about cash flow problems within the company. | 0:22:38 | 0:22:42 | |
My answer was, you've just signed up a contract for £7,000 or £8,000 - | 0:22:42 | 0:22:48 | |
didn't you know you had cash flow problems when you signed the contract? | 0:22:48 | 0:22:51 | |
You shouldn't have done, if that was the case. | 0:22:51 | 0:22:54 | |
A lot of alarm bells started ringing then. | 0:22:54 | 0:22:56 | |
I became very suspicious of what they were doing and who they were, who I was dealing with. | 0:22:56 | 0:23:03 | |
A lot of work had already been carried out, the link-building was under way, | 0:23:03 | 0:23:09 | |
you know, it was a problem. | 0:23:09 | 0:23:11 | |
As months passed, Paul continued to work on the Walkers campaign, which was starting to show results. | 0:23:11 | 0:23:18 | |
But despite the company openly expanding and enjoying new-found prominence through the internet, | 0:23:18 | 0:23:24 | |
they were still refusing to pay for the work as agreed. | 0:23:24 | 0:23:28 | |
Some months there was nothing, some months there were small amounts, | 0:23:28 | 0:23:31 | |
you could never to speak to anyone in the company, | 0:23:31 | 0:23:34 | |
there was no-one there in accounts, they wouldn't reveal a name of anyone. It was all very hush-hush. | 0:23:34 | 0:23:39 | |
After the work we had done, they were now sitting on page one for everything, | 0:23:39 | 0:23:43 | |
it's generated a lot of business for them, they've opened up a new distribution centre, | 0:23:43 | 0:23:47 | |
yet they weren't paying the person that provided the extra business. | 0:23:47 | 0:23:51 | |
Despite clear signs of the benefits his hard work had brought the company, | 0:23:53 | 0:23:57 | |
six months later he was still constantly chasing the money he was rightfully owed. | 0:23:57 | 0:24:03 | |
Paul had reached the end of his tether. | 0:24:03 | 0:24:06 | |
So, I received an e-mail, a very abrupt e-mail, from Walkers Distributions, | 0:24:06 | 0:24:11 | |
saying, "We will pay you when we pay you. That's it, take it or leave it." | 0:24:11 | 0:24:15 | |
We're a small business, we can't write off debts like that, | 0:24:15 | 0:24:19 | |
especially for many thousands of pounds, and we have to pursue them. | 0:24:19 | 0:24:23 | |
Paul's only option was to take Walkers Distributions' boss, Charlotte Walker, | 0:24:23 | 0:24:27 | |
to court for the money he was owed. | 0:24:27 | 0:24:29 | |
Charlotte Walker contested the case, | 0:24:29 | 0:24:31 | |
but a judge sided with Paul, | 0:24:31 | 0:24:33 | |
ordering her to pay him £3,572.80 within 14 days. | 0:24:33 | 0:24:40 | |
But the company still failed to pay up. | 0:24:40 | 0:24:44 | |
At this point, Paul sent for the Sheriffs. | 0:24:44 | 0:24:47 | |
The whole experience, has been a constant annoyance, it's been a thorn in my side, | 0:24:47 | 0:24:51 | |
and it's something I want to get rid of. | 0:24:51 | 0:24:53 | |
It's like something on your shoe, and you want to scrape it off, basically. | 0:24:53 | 0:24:58 | |
Looking to get Paul the money he's owed, | 0:24:58 | 0:25:01 | |
Sheriffs Lawrence and Kev arrive at the business address. | 0:25:01 | 0:25:04 | |
Walkers Distribution, B2. B2, yeah. | 0:25:05 | 0:25:09 | |
B2, Walkers Distribution, yeah. | 0:25:09 | 0:25:11 | |
And take advantage of the company parking space. | 0:25:12 | 0:25:15 | |
Unit B2 parking only - well, that'll suit me. | 0:25:16 | 0:25:18 | |
-Hello, there. -Hi, there. -I'm looking for Charlotte Walker. | 0:25:21 | 0:25:26 | |
My name's Mr Grix. I'm an Enforcement Officer. | 0:25:26 | 0:25:29 | |
I'm here today to execute a High Court writ against her. Are you able to get her on the phone at all? | 0:25:29 | 0:25:35 | |
Erm, I don't know. | 0:25:35 | 0:25:37 | |
As the staff member gets her boss on the phone, | 0:25:38 | 0:25:40 | |
we're asked to leave the office. | 0:25:40 | 0:25:43 | |
So, you can wait outside. | 0:25:43 | 0:25:45 | |
Not wanting to waste any time, Lawrence asks to speak to Charlotte Walker directly. | 0:25:45 | 0:25:49 | |
Hello, my name's Mr Grix. | 0:25:51 | 0:25:53 | |
We're ordered here today to seize goods to the value of £5,197.15 | 0:25:53 | 0:25:58 | |
with a view to removing them and selling them at auction to clear this debt. | 0:25:58 | 0:26:02 | |
The only way to prevent further action is for you to pay in full. | 0:26:02 | 0:26:06 | |
Charlotte Walker says she's had no warning of the enforcement | 0:26:06 | 0:26:10 | |
and has applied to the court to pay the money owed to Paul in monthly instalments. | 0:26:10 | 0:26:15 | |
But Lawrence isn't in the mood for excuses. | 0:26:15 | 0:26:18 | |
With respect, you can't say you haven't heard of it if you've applied to the court to make payments. | 0:26:18 | 0:26:22 | |
You've obviously been to court at some stage and spoken to a judge, | 0:26:22 | 0:26:26 | |
but you're telling me you didn't know anything about it. | 0:26:26 | 0:26:28 | |
Sending off forms to the court or applying for something at the court | 0:26:28 | 0:26:32 | |
does not prevent execution of this writ. | 0:26:32 | 0:26:35 | |
Lawrence is holding the highest card in this dispute. | 0:26:35 | 0:26:38 | |
His High Court writ trumps any other ongoing applications to do with this case. | 0:26:38 | 0:26:44 | |
And he's just getting warmed up. | 0:26:44 | 0:26:46 | |
The claimant is perfectly within their entitlement to transfer it up to the High Court | 0:26:46 | 0:26:50 | |
for enforcement purposes. And that is the bottom line. | 0:26:50 | 0:26:53 | |
The only way to prevent further action today is to pay in full. | 0:26:53 | 0:26:57 | |
Then goods will be seized and potentially removed to be sold at auction to clear the debt. | 0:26:58 | 0:27:03 | |
The defendant says it doesn't matter anyway, | 0:27:03 | 0:27:05 | |
as none of the goods in the office belong to her, | 0:27:05 | 0:27:08 | |
as she's no longer running the business as a sole trader. | 0:27:08 | 0:27:12 | |
Instead, she's formed a new company, Walkers Distributions Ltd. | 0:27:12 | 0:27:17 | |
The company that's trading is Walkers Distribution Ltd. | 0:27:17 | 0:27:20 | |
So where's the certificate of employer's liability and public liability | 0:27:20 | 0:27:24 | |
for Walkers Distribution Ltd as the law dictates? | 0:27:24 | 0:27:26 | |
Lawrence has noticed all the certificates in the office still have the defendant's name on them. | 0:27:27 | 0:27:33 | |
He calls the office to find out exactly what records exist | 0:27:34 | 0:27:37 | |
for the newly formed Walkers Distributions Ltd. | 0:27:37 | 0:27:40 | |
She's saying that the company is Walkers Distributions Ltd. | 0:27:40 | 0:27:44 | |
Can you have a check on Companies House for me? | 0:27:44 | 0:27:48 | |
Incorporated 12th March, 2012. | 0:27:48 | 0:27:51 | |
This stuff here is all older than March. | 0:27:51 | 0:27:54 | |
The office goods all pre-date the new company being formed, | 0:27:54 | 0:27:58 | |
so Lawrence is satisfied they were bought by the defendant. | 0:27:58 | 0:28:02 | |
Unless she can produce evidence proving she no longer owns them, they can be removed to pay her debt. | 0:28:02 | 0:28:08 | |
There's no way this is all brand-new since March. | 0:28:08 | 0:28:10 | |
So, it was bought previously. | 0:28:10 | 0:28:13 | |
But as minutes then hours pass, nothing arrives. | 0:28:13 | 0:28:16 | |
Whether anything does come in to support Walkers Distributions' claims, | 0:28:16 | 0:28:20 | |
or whether Lawrence can get the money owed to Paul Keene, we'll find out later. | 0:28:20 | 0:28:26 | |
Look at that bad boy, out there. | 0:28:26 | 0:28:27 | |
Sheriffs cover the length of breadth of England and Wales enforcing High Court writs. | 0:28:27 | 0:28:32 | |
We're on our way to a place called Nunney in Somerset. | 0:28:32 | 0:28:36 | |
We're off to Newhaven Marina. | 0:28:36 | 0:28:38 | |
They go out at any time... | 0:28:38 | 0:28:40 | |
It's just before 5am now. | 0:28:40 | 0:28:42 | |
..in any weather. | 0:28:42 | 0:28:45 | |
Prepared to seize anything in order to pay back debts that are owed. | 0:28:45 | 0:28:49 | |
It needs to be done by immediate payment, sir. We cannot leave until that money hits our bank account. | 0:28:49 | 0:28:54 | |
Anyone managing to obtain a County Court judgment of over £600 | 0:28:54 | 0:28:58 | |
can upgrade it to the High Court and get a writ. | 0:28:58 | 0:29:01 | |
Hello, there. | 0:29:01 | 0:29:02 | |
These days a High Court writ costs £60. | 0:29:02 | 0:29:06 | |
If the Sheriffs are successful, there's nothing more to pay - all the costs are paid by the debtors. | 0:29:06 | 0:29:13 | |
-That's the cash there, so paid in full. -Lovely, thank you. Bye-bye. | 0:29:13 | 0:29:16 | |
On the rare occasions the Sheriffs don't get someone their money back, | 0:29:16 | 0:29:20 | |
there's only an admin fee of £60 to pay. | 0:29:20 | 0:29:22 | |
Hallelujah, eh? | 0:29:22 | 0:29:24 | |
Being a Sheriff is not a 9 to 5 job. | 0:29:30 | 0:29:33 | |
This morning, for Darryl Oreton... | 0:29:34 | 0:29:37 | |
Ready for action. | 0:29:37 | 0:29:39 | |
..and Mark Povey, it's more of a 5 till 9 job. | 0:29:39 | 0:29:43 | |
This is probably our earliest. | 0:29:43 | 0:29:45 | |
They're on their way to Leighton Buzzard | 0:29:45 | 0:29:48 | |
to meet a debtor they've been warned leaves for work early. Very early. | 0:29:48 | 0:29:52 | |
It's just before 5am now. So we can hit the defendant, Michael Brown, first thing. | 0:29:52 | 0:29:57 | |
We're told he goes to work at 5:30am. | 0:29:57 | 0:29:59 | |
This is the earliest we're going to be getting to a job, knocking someone's door at 5am. | 0:29:59 | 0:30:04 | |
We're looking for £5,173.79. | 0:30:04 | 0:30:08 | |
Hopefully, we don't need to wake him up - he should be ready and waiting for us. | 0:30:08 | 0:30:13 | |
Michael Bown has fallen into a dispute with an ex-associate | 0:30:13 | 0:30:17 | |
over a BMW 5 Series he agreed to buy from them but has so far failed to pay for. | 0:30:17 | 0:30:24 | |
SAT NAV: You have reached your destination. | 0:30:24 | 0:30:27 | |
It may be pitch black and they may be tired, | 0:30:27 | 0:30:30 | |
but that won't stop the Sheriffs going to work to get back the money rightfully owed. | 0:30:30 | 0:30:34 | |
Arriving at the property, and the car in question is parked on the driveway. | 0:30:40 | 0:30:46 | |
Yeah, this is it, yeah. It's a Beamer, so it's at the high end of the 53 as opposed to the low end. | 0:30:46 | 0:30:53 | |
KNOCKS QUIETLY | 0:30:54 | 0:30:57 | |
No-one seems to be up. Have the Sheriffs arrived too early? | 0:30:58 | 0:31:02 | |
There's not much they can do, but knock. | 0:31:03 | 0:31:05 | |
And knock. | 0:31:08 | 0:31:10 | |
And knock. | 0:31:13 | 0:31:15 | |
Mr Bown. Enforcement Officers. Can you come downstairs, please? | 0:31:20 | 0:31:25 | |
And knock some more. | 0:31:25 | 0:31:26 | |
And wait. | 0:31:28 | 0:31:29 | |
But there's still no sign of debtor Michael Bown, and Darryl's knocking... | 0:31:33 | 0:31:37 | |
..is upsetting the neighbours. | 0:31:42 | 0:31:44 | |
Sorry about the disturbance. | 0:31:44 | 0:31:46 | |
Either Mr Bown isn't in, or he's dead set on ignoring the Sheriffs. | 0:31:46 | 0:31:50 | |
Concerned neighbour. | 0:31:50 | 0:31:53 | |
Either way, there's not much Darryl and Mark can do about it. | 0:31:53 | 0:31:57 | |
They decide to wait in the van to see if anything stirs. | 0:31:57 | 0:32:00 | |
Darryl takes precautions against what the dawn may bring. | 0:32:03 | 0:32:07 | |
40 minutes later, and dawn finally breaks over Leighton Buzzard. | 0:32:10 | 0:32:15 | |
But will the daylight bring a change of luck for Darryl and Mark? | 0:32:15 | 0:32:18 | |
He ain't coming. He ain't coming out. | 0:32:35 | 0:32:38 | |
Without any response from inside and unable to force entry at a residential property, | 0:32:38 | 0:32:43 | |
there's nothing the Sheriffs can do this morning. | 0:32:43 | 0:32:46 | |
I've seized the vehicle anyway. I'll just leave some paperwork. | 0:32:46 | 0:32:50 | |
Hopefully he calls us, otherwise we'll be back, | 0:32:50 | 0:32:55 | |
possibly remove the vehicle next time we come. | 0:32:55 | 0:32:57 | |
They post the notice of seizure for the BMW, and with that, head off. | 0:32:59 | 0:33:03 | |
Mr Bown now has five days to get in touch, or Darryl will be back to tow away the car. | 0:33:03 | 0:33:10 | |
Until he does, the previous car owner will have to wait to see the light at the end of the tunnel. | 0:33:10 | 0:33:15 | |
Mr Bown told us he had not been in at the time of the Sheriffs' visit | 0:33:15 | 0:33:20 | |
and knew nothing of the judgement until he received their paperwork. | 0:33:20 | 0:33:24 | |
he said he believed he had paid for the car previously | 0:33:24 | 0:33:27 | |
and disputed that he owed any money. | 0:33:27 | 0:33:29 | |
He said he hadn't contested the case because he'd been tied up | 0:33:29 | 0:33:33 | |
in other legal action against the same claimant. | 0:33:33 | 0:33:35 | |
-Hello, there. -In Essex, Lawrence and Kev are still at the offices of | 0:33:42 | 0:33:46 | |
leafleting company Walkers Distributions, | 0:33:46 | 0:33:49 | |
trying to get money back for their former internet consultant, Paul Keene. | 0:33:49 | 0:33:53 | |
We are ordered here today to seize goods to the value of £5,197.15 | 0:33:53 | 0:33:58 | |
with a view to removing them and selling them at auction to clear this debt. | 0:33:58 | 0:34:03 | |
The company's refusing to pay the Sheriffs, | 0:34:03 | 0:34:06 | |
insisting everything in the office was transferred from the old business named on the writ | 0:34:06 | 0:34:11 | |
to a new company when it was set up some months earlier. | 0:34:11 | 0:34:14 | |
She is saying that the company is Walkers Distribution Ltd. | 0:34:14 | 0:34:18 | |
Finally, a receipt is e-mailed through | 0:34:18 | 0:34:20 | |
supporting the defendant's claim that she sold everything | 0:34:20 | 0:34:24 | |
to the new limited company when she set it up. | 0:34:24 | 0:34:27 | |
They've been sold to the new limited company, according to this. | 0:34:27 | 0:34:30 | |
A cash payment of £550, received in full and final payment for the goods. | 0:34:30 | 0:34:36 | |
But Lawrence has his suspicions about the receipt, | 0:34:36 | 0:34:39 | |
as it doesn't accurately list the items in the office. | 0:34:39 | 0:34:42 | |
After hours waiting around, he's not a happy Sheriff. | 0:34:42 | 0:34:46 | |
I've got the hump, now. It's taken this long | 0:34:46 | 0:34:50 | |
to type out something that isn't even worth anything, anyway. | 0:34:50 | 0:34:55 | |
They don't know what they've got here, | 0:34:55 | 0:34:57 | |
because they've just put down "office furniture and fittings and computers". | 0:34:57 | 0:35:02 | |
So, it doesn't detail any of this stuff, at all. | 0:35:02 | 0:35:05 | |
Enough is enough for Lawrence. All the goods in the office are seized on paper | 0:35:05 | 0:35:10 | |
and the defendant given five days to provide proper proof that they don't belong to her, | 0:35:10 | 0:35:15 | |
or the Sheriffs will be back to remove them. | 0:35:15 | 0:35:18 | |
He tells the woman in the office that her boss's stalling | 0:35:18 | 0:35:21 | |
means the Sheriffs waiting fees have also been added to her outstanding debt. | 0:35:21 | 0:35:26 | |
There's some paperwork for you. | 0:35:26 | 0:35:28 | |
It's been a long, frustrating afternoon. | 0:35:28 | 0:35:31 | |
-What a waste of time. -Yeah. | 0:35:31 | 0:35:33 | |
Total rubbish. Ugh, that was painful. | 0:35:33 | 0:35:38 | |
Bored, hungry, ratty. | 0:35:38 | 0:35:41 | |
But as it turned out, Lawrence and Kev's efforts weren't in vain. | 0:35:41 | 0:35:45 | |
The surprise visit inspired a stark rethink from Charlotte Walker, | 0:35:45 | 0:35:50 | |
who decided to pay up in full. | 0:35:50 | 0:35:53 | |
Finally, a delighted Paul has received the money he worked hard to earn. | 0:35:53 | 0:35:58 | |
I'm really surprised they managed to get money, | 0:35:58 | 0:36:01 | |
cos I began to believe them there was no money there. | 0:36:01 | 0:36:04 | |
And it just goes to show that sometimes people say they don't have money, | 0:36:04 | 0:36:07 | |
but you never know what's under the floorboards or in the mattress. | 0:36:07 | 0:36:10 | |
On their way to try and get someone else back the money they're owed are Sheriffs Lawrence and Kev. | 0:36:20 | 0:36:25 | |
It's half past eight and we're on our way to Dorking. | 0:36:25 | 0:36:28 | |
We're after a business called Astute Management Specialist Resourcing Ltd. | 0:36:28 | 0:36:33 | |
I believe it's an employment tribunal matter, because it's an individual that we're enforcing on behalf of. | 0:36:33 | 0:36:39 | |
Arriving at the business park, they pull up and head to their target address. | 0:36:48 | 0:36:52 | |
There's somebody in. | 0:36:53 | 0:36:55 | |
So, there's a Michael Tupper who's the director of Astute Management and Aqua Mechanical Appliances. | 0:36:57 | 0:37:03 | |
-DOOR OPENS -Hello, mate. | 0:37:03 | 0:37:05 | |
Hello, there, sir. My name's Mr Grix, | 0:37:05 | 0:37:07 | |
I'm an Enforcement Officer. I'm here to execute a High Court writ. | 0:37:07 | 0:37:11 | |
They're greeted by company director Michael Tupper, | 0:37:11 | 0:37:13 | |
who tries to convince Lawrence he doesn't have to pay because the claimant claimed | 0:37:13 | 0:37:18 | |
for the wrong amount. But Lawrence is having none of it. | 0:37:18 | 0:37:21 | |
The problem he's got is that the amount he's claimed for is the wrong figure. | 0:37:21 | 0:37:25 | |
Because obviously he's claimed for a figure which should have tax deducted from it. | 0:37:25 | 0:37:29 | |
I don't know if you're aware of it, there's what's known as the 42-day rule. | 0:37:29 | 0:37:32 | |
Doesn't matter what the dispute is, on the 42nd day, you have to pay. | 0:37:32 | 0:37:36 | |
But Mr Tupper has other reasons he says justifies not paying up. | 0:37:36 | 0:37:41 | |
There's nothing here for Astute because actually they don't trade any more. | 0:37:41 | 0:37:44 | |
-They're a company, but... -They're still showing as active on Companies House. | 0:37:44 | 0:37:49 | |
They might be active, but they're not actually here. | 0:37:49 | 0:37:51 | |
So, who are you to do with Astute, sir? | 0:37:51 | 0:37:53 | |
-I'm actually a director of Astute. -Mr Tupper. -But Astute doesn't work here. | 0:37:53 | 0:37:57 | |
-Doesn't trade any more. -Doesn't trade any more. | 0:37:57 | 0:38:00 | |
It's Aqua Mechanical Services are here. | 0:38:00 | 0:38:03 | |
Yeah, which is another one of your companies. | 0:38:03 | 0:38:06 | |
And Astute are here, but astute don't... | 0:38:06 | 0:38:09 | |
Astute used to have a little desk in the corner run by a bloke called Dave, but he's gone. | 0:38:09 | 0:38:14 | |
What proof have you got that they've got no money, no assets? | 0:38:14 | 0:38:18 | |
I haven't got anything. I don't know what proof I'm supposed to give you, I don't know. | 0:38:18 | 0:38:23 | |
Well, you would need to provide proof of all the assets of your other companies. | 0:38:23 | 0:38:27 | |
All this lot here is in my name. | 0:38:27 | 0:38:30 | |
-Your personal name? -Yeah. All this lot here is owned by me. | 0:38:30 | 0:38:33 | |
Well, you would need to prove that, sir. We're here today to seize that. | 0:38:33 | 0:38:37 | |
-Because you haven't paid the employment tribunal award... -Yeah. | 0:38:37 | 0:38:40 | |
..we're here today to seize assets to clear the debt. | 0:38:40 | 0:38:43 | |
There's nothing. I can show you the lease, it's all in my name. | 0:38:43 | 0:38:46 | |
That's all I can show as evidence it's all in my name. | 0:38:46 | 0:38:48 | |
Well, that just shows that the lease of the property is in your name, | 0:38:48 | 0:38:52 | |
it doesn't show anything to do with the assets, does it? | 0:38:52 | 0:38:54 | |
You can have a look. There's nothing here, mate. There's nothing in here. | 0:38:54 | 0:38:58 | |
Lawrence and Kev are invited inside to inspect the company offices. | 0:38:58 | 0:39:01 | |
We're asked to stay outside. | 0:39:01 | 0:39:03 | |
Lawrence wastes no time in checking out what assets are on offer, in case they need to seize them. | 0:39:05 | 0:39:10 | |
Take an inventory. | 0:39:10 | 0:39:12 | |
We'll need to see proof of actually who owns all the fixtures and fittings in here, | 0:39:12 | 0:39:19 | |
all the desks, photocopiers, fans, phones, computer systems, everything. | 0:39:19 | 0:39:26 | |
We're going to seize it all until such time as proof of ownership is shown. | 0:39:26 | 0:39:30 | |
To prove the company's got no money, the director takes the unprecedented step | 0:39:31 | 0:39:36 | |
of showing Lawrence the company bank accounts. | 0:39:36 | 0:39:39 | |
It shows there was money in the company account | 0:39:39 | 0:39:42 | |
but it was removed two days earlier. | 0:39:42 | 0:39:45 | |
Lawrence finds it odd that a company that hasn't traded for some time, according to the director, | 0:39:45 | 0:39:50 | |
can still be moving money around. | 0:39:50 | 0:39:52 | |
You can't have it both ways, sir. You can't have it as the company isn't trading, | 0:39:52 | 0:39:56 | |
but it's got £4,000, or over £4,000 has gone out of its account in the last two days | 0:39:56 | 0:40:00 | |
if it's not trading. So, who has used the bank account? | 0:40:00 | 0:40:05 | |
The director explains that another company | 0:40:05 | 0:40:08 | |
has been using Astute Management Specialist Resourcing Ltd's bank account. | 0:40:08 | 0:40:13 | |
But you can't just have one company using another company's bank account. | 0:40:13 | 0:40:17 | |
Because what that means is you're saying this company isn't trading, | 0:40:17 | 0:40:20 | |
the company that you say is using the bank account can therefore declare | 0:40:20 | 0:40:24 | |
a lot smaller turnover because it's using a bank account of a company that isn't trading. | 0:40:24 | 0:40:30 | |
So it can hide its turnover. | 0:40:30 | 0:40:33 | |
Sir, forget the money, then, we're not here for money, actually. | 0:40:33 | 0:40:37 | |
We're ordered here to seize goods to clear the debt, so that's what we're going to do. | 0:40:37 | 0:40:42 | |
And the only way to prevent that is to pay in full. | 0:40:42 | 0:40:46 | |
Lawrence might not be getting too far with the bank accounts, | 0:40:46 | 0:40:49 | |
but his diligent examination seems to have rattled Mr Tupper, | 0:40:49 | 0:40:53 | |
who expresses a willingness to come to an arrangement on payment. | 0:40:53 | 0:40:58 | |
Delighted, Lawrence suggests Mr Tupper offers a payment plan. | 0:40:58 | 0:41:01 | |
As a back-up, Lawrence carries out a walking possession at the same time, | 0:41:01 | 0:41:06 | |
seizing what assets there are for the court on paper. | 0:41:06 | 0:41:09 | |
So, we'll do that, we'll give you a walking possession agreement over the stuff. | 0:41:09 | 0:41:14 | |
You offer an amount to get the ball rolling. | 0:41:14 | 0:41:17 | |
You might stand a chance if you offer the £1,272.44 straight up, maybe, | 0:41:17 | 0:41:22 | |
and then £1,000 a month over the next couple of months, | 0:41:22 | 0:41:27 | |
that might be accepted. | 0:41:27 | 0:41:29 | |
OK, then Mr Tupper. Cheers. Bye-bye. | 0:41:29 | 0:41:32 | |
Finally, the Sheriffs emerge and Lawrence is pleased to hail an unexpected success. | 0:41:32 | 0:41:38 | |
We've taken a walking possession. We've given five days | 0:41:38 | 0:41:42 | |
for the other companies to prove ownership, and they're going to submit a proposal. | 0:41:42 | 0:41:46 | |
We've seen the bank account, there's no money in it. | 0:41:46 | 0:41:48 | |
And there's no assets. He's saying the company isn't trading. | 0:41:48 | 0:41:53 | |
To get any kind of proposal really, | 0:41:53 | 0:41:54 | |
if the company genuinely isn't trading, | 0:41:54 | 0:41:57 | |
hasn't got any assets and hasn't got any money... | 0:41:57 | 0:42:01 | |
You know, if he'd have just said "I can't pay, do your worst," | 0:42:01 | 0:42:04 | |
then there's not a lot you can do, | 0:42:04 | 0:42:06 | |
so to get any kind of proposal is quite good, I think. | 0:42:06 | 0:42:10 | |
And following their visit, the director did begin paying off the debt | 0:42:11 | 0:42:15 | |
in accordance with Lawrence's payment plan. | 0:42:15 | 0:42:19 | |
Which means the former employee getting back the money that's rightfully his. | 0:42:19 | 0:42:22 | |
Mr Tupper told us: | 0:42:25 | 0:42:27 | |
He does not believe that Astute Management Specialist Resourcing Ltd did anything wrong. | 0:42:33 | 0:42:39 | |
Subtitles by Red Bee Media Ltd | 0:42:49 | 0:42:54 |