Episode 4 The Sheriffs Are Coming


Episode 4

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Transcript


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-Meet the Sheriffs.

-We'll introduce ourselves.

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-I'm a High Court Enforcement Officer.

-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.

-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 tell me who you are?

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

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The High Court Enforcement Officers are charged by law to recover

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what a court says is rightfully yours.

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I've seized your car, sir.

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-You can have a letter through the door, or we'll go through the window.

-Whoa, whoa, whoa!

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-It's time to call the Sheriffs.

-Collected 42 grand.

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Coming up: Kath Parton was promised a new driveway,

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but she was left with a pile of bricks.

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It is rubbish. My savings have all deteriorated because of it.

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Can the Sheriffs get her her money back?

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It'll be a case of seizing the vehicles, whatever we can.

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Internet whizz Paul Keene carried out work for this leafleting company,

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but never received £3,500 of wages he was due.

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The whole experience has been a constant annoyance,

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it's been a thorn in my side, it's something I want to get rid of.

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The Sheriffs go in search of his money.

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

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And the Sheriffs get more than they bargained for at a North London car dealer.

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You need to get him on the phone, cos if this isn't paid, we're going to remove several of your vehicles.

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The Sheriffs collect 93p for every pound they're asked to enforce.

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But despite this high ratio of success,

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life isn't always easy for them.

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On their way to get justice for someone else are Sheriffs Darryl Oreton and Mark Povey.

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We're off to Bridgnorth now to try and find a Mr Julian Clifford Milner.

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Mr Milner's a builder who owes a large debt to a lady he did some work for,

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and Darryl has reason to believe it might not be a straightforward visit this morning.

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It's a residential address.

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We have reasons to believe he may not be living there.

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The post has been returned, has gone away,

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but that could all just be to throw us off the scent,

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so we're going to go there now, and hopefully he'll be there.

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If he isn't there, we'll find out if he is living there,

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see what assets are around and seize whatever we can.

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The person they're on their way to help is Kath Parton.

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Two years ago, she decided to have a new block-paved driveway built.

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She didn't know it at the time, but it was a decision that would see her

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thousands of pounds out of pocket and having to go through the courts to try and get it back.

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He said he'd do me a better drive than he did the one next door - far better.

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Ha-ha! That's the biggest joke in the world.

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Kath first came across builder Julian Milner when he was working on the house next door.

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I thought he was a very decent man. I thought he was reasonable, and that he was an honest man.

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Mr Milner quoted Kath £4,600 to do her driveway

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and build a double brick boundary wall around the edge of the house.

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He said he'd have it done in no time.

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Yes, I was over the moon. I was telling the neighbours

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I was going to have it done in two to three weeks' time, yes.

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Thinking she was onto a winner, Kath paid Mr Milner up front from her life savings.

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It was a decision she came to regret.

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Within a few weeks of starting the job, Mr Milner's attendance had become sporadic.

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And for Kath, worse was to come. While she waited for Mr Milner to finish,

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she suffered a car accident, leaving her with her arms and legs broken.

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She's still in constant pain and her mobility's severely restricted.

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Now unable to drive, the driveway became even more important

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to give her easy access for the mobility scooter that's now her lifeline.

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But instead of aiding her recovery, three months after starting the job Mr Milner walked off site,

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the driveway still unfinished and the wall barely started.

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That is the wall that he laid. It's a disgrace. You can just shove them.

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Look at this, how easy it is to lift a brick out.

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This will not last very much longer. It is rubbish. What a bloody mess!

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It wasn't just Kath that thought so. With Mr Milner refusing to answer her calls,

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Kath decided to pay for an independent surveyor to look at the work he'd done.

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His conclusion was it was all substandard.

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Even the concrete he'd laid for the foundation of the wall was substandard.

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It needed taking up and redoing.

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That was enough for me to know that he hadn't done the work properly.

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The surveyor estimated it would cost over £12,000 to rectify the work to a proper standard.

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Kath wrote to Mr Milner demanding a refund.

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He offered to finish the work himself,

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but by this stage, Kath had had more than enough of him.

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No. No, I didn't want him back here to do the work.

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No, I wanted my money back.

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Kath decided to start court proceedings against him to get her money back.

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Mr Milner responded in writing, admitting to problems with the job

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and offering a one-off £4,000 payment in response.

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But by now, Kath needed more than that to cover her legal costs and rebuild the drive.

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Had to use all my savings completely to pay for all the legal fees,

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all the legal courts, everything. I've had to use it all up, so I'm not able to put the drive right.

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The judge agreed with Kath, awarding her the full amount she was after, plus her court costs.

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But despite her victory, Kath's still not received any payment from Mr Milner.

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My savings have all deteriorated because of it.

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I've got nothing at the back of me now for the latter part of my years,

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or whatever's left of my life.

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Determined not to give up, Kath's only hope now rests with the Sheriffs.

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With her hopes on their shoulders, Darryl and Mark arrive at Mr Milner's home.

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They've only got one thing on their minds - getting her back the money she so desperately needs.

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They use their van to block in the expensive-looking vehicles on the drive

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in case they need to seize them, before heading for the door.

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DOG BARKS

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Early signs at the house, however, are not looking good.

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There's no-one answering the door...

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..so Darryl goes round the back.

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Sheriffs are legally allowed to enter residential properties through unlocked doors or windows,

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and with the side gate unlocked, Darryl's straight into the back garden.

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The only thing home, however, seems to be canine.

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DOG BARKS Don't know. Like a chocolatey Labrador thing.

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All the doors are locked around there. There's a dog inside. No sign of life.

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Darryl gives the house one more knock,

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but it's not looking hopeful.

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There's a lot of cobwebs on this.

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Darryl tries the neighbours.

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Excuse me, sir. Hi, there.

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I was trying to get hold of Mr Milner.

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-No idea.

-He's not on holiday or anything?

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But they can't help.

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With no-one to talk to, all the Sheriffs can do is size up what assets are on site.

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Luckily, there's no shortage of expensive cars or other goods.

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Just go around the back and just see whatever goods are in the back garden,

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barbeques or table and chairs or something.

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DOG BARKS

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Got no phone numbers.

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It may just be a case of seizing the vehicles, whatever we can, and leaving the paperwork.

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With full access to the garden,

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there are plenty of assets for Mark to get listing.

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The dog's not happy about the Sheriffs being on site,

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but being locked inside, he is at least off their seizure list.

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Other wildlife, however, aren't so lucky.

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Koi carp in there, as well.

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Darryl's seizure is, however, drawing to a close.

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They deliver a walking possession through the letterbox.

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What they've listed is now the court's, on paper at least.

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Darryl and Mark are hoping they won't be unsuccessful for Kath,

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but with no-one home, they're forced, today at least, to call a halt.

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There's not much more we can do. There's no-one here, neighbours have no information.

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So, we've seized the vehicles, what we can, around the back,

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left them some paperwork, so hopefully they'll respond,

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give me a phone call and see what they can do about paying it off.

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But Darryl's not entirely disheartened, and is still hopeful of a good result for Kath.

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Although we didn't make contact, it was actually a better result than I was expecting.

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There's a dog inside, and cats inside,

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chickens in the back garden. There's definitely someone here looking after these animals.

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There's four cars. There's a whole family living here, so we'll be in touch with him today, definitely.

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And indeed, Darryl's faith is well placed.

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With the weight of a High Court writ behind them, sometimes just the Sheriffs' paperwork alone

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is enough to get a result on behalf of their clients.

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Some days after their visit, Mr Milner agreed to enter into a court-appointed payment plan.

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Kath has already received the first contribution, and is understandably delighted.

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Altogether it's been a beautiful day.

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He's got to pay every month otherwise the Enforcement Officers will be back down on him

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and they will take goods and everything else

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to cover the cost of that monthly payment,

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so whether he likes it or not, he's in trouble.

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I feel not only have I been vindicated,

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I can really jump for joy to know I was right.

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Over nine million cars change hands every year.

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I like these. They are proper juicy, aren't they?

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And last year, the Office Of Fair Trading

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received over 60,000 complaints from people about used cars.

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It's perhaps no surprise, therefore, that of all the businesses that the Sheriffs visit,

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there's one industry that they deal with more than most.

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Just clamp it. Clamp it. Clamp it.

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Car dealers.

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It's about a High Court writ that's been issued.

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And this morning, Sheriffs Lawrence Grix and Kev McNally are on the trail of just such a case.

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We are on our way to Greenford at the moment.

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They're heading west for a face-off with a Middlesex car dealership called Stylish Motors,

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on behalf of Destiny Kedwell - someone who found the garage didn't measure up to its name.

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Apparently they took her car in part exchange,

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and then the car they sold her blew up or something like that.

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Destiny bought an Audi TT from the garage for just over £3,200,

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but found numerous faults with it, which she had to pay to fix.

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Eventually, she rejected the vehicle and demanded her money back,

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but couldn't come to an agreement with the garage, so the matter went to court.

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When Stylish Motors failed to contest the case,

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a judgment ordered the company to pay Destiny £4,900 in compensation.

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So far, the garage has failed to pay a penny.

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But today, Lawrence fancies his chances of getting her money back.

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Hopefully, being a car dealership, we'll find some cars there,

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and we might have a bit of luck on this one.

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The garage is open and its forecourt full.

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Hello.

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You work here, do you? I'll show you some ID. My name's Mr Grix.

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I'm an Enforcement Officer. I'm here today to execute a High Court writ against Stylish Motors.

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You need to get him on the phone, because we're here

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to seize goods, and we will be removing cars from the forecourt

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-to clear this debt.

-Can you get him on the phone?

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The man's struggling to get hold of his boss, who he says is out of London.

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Does his phone not work outside of London?

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But does his phone not work outside London?

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Perhaps you need to phone him back and tell him the cars will be going off his forecourt.

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He might be a bit quicker to call you back, then.

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Have you got the keys for these vehicles?

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Are they in the office?

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Can you grab them for us, or open up the office, as well?

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While the man left holding the fort is proving very helpful...

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Have you got the facility to pay on his behalf?

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..he explains he has no means of settling the debt they've come to collect.

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You need to get him on the phone, cos if this isn't paid, we're going to remove several of your vehicles.

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With a garage full of cars to choose from, the Sheriffs are in their element.

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It's just a case of choosing which ones to take and sell to pay Destiny Kedwell's debt.

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Is there a BMW out there, is there?

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-Can you see a BMW out there, Kevin?

-BMW? There's one there. Is that a BM?

-Oh, yeah.

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No. It don't seem to be doing that one.

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-Range Rover Vogue? That would cover it.

-I can't see one.

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No, neither can I. We'll find it. Where's the Range Rover?

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But Lawrence and Kev soon start to realise

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that some of the most expensive vehicles they have the keys to are not on the forecourt.

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These are the ones worth having, clearly.

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You've got Mercedes key rings, BMW key rings, Range Rover. Where are all these cars?

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And were is the other yard?

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It's too far, is it? We decide what's too far.

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Finally, the salesman succeeds in getting through to someone.

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The owner's still off radar but his garage manager wants to talk to Lawrence,

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who's more than happy to fill her in on what's happening.

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We've got access to all the keys. We're just going through the documentation for the vehicles now.

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So, we're looking to remove sufficient vehicles.

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The manager says the vehicles can't be seized

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as they are all being sold on behalf of customers and so, conveniently, don't belong to Stylish Motors.

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It doesn't matter who they are registered to.

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It's who they are owned by.

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So why are they on your forecourt, then?

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Lawrence doesn't believe he's being told the truth.

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He wants to see who these vehicles are registered to.

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Documentation for the BMW?

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It's left to the unlucky sales assistant to find the paperwork and answer his questions.

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The lady said these are all customers' cars. That's what she told me on the phone.

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So, you're selling that BMW on behalf of Lothian and Borders Police, are you? I think not.

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I don't think they are going to trek down to a little car dealer's in Greenford, somehow.

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What Lawrence thinks is these cars are all owned by the garage,

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they've just failed to send off the vehicle paperwork after buying them.

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Having seen and heard enough, he gets on the phone to alert the office

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they're likely to need a tow truck.

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Can you get us indemnity to remove a couple of cars, please?

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All we've got here is a salesman who doesn't know anything, can't pay anything.

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With a garage full of cars to choose from, the Sheriffs are in their element.

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We had the keys for that silver Mazda, didn't we? What's behind that?

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Have you got the documentation for that, the blue Micra?

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It's just a case of choosing which ones to take and sell to pay off what Destiny's owed.

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-Honda Civic, green. No.

-That brace of BMWs looks quite good, doesn't it?

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The grey ones next to the silver one. So, we'll have the silver Mazda and we'll have the BMW,

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and we've got the keys to move the blue Micra out the way.

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-The rest of it can go back, mate. That's it.

-I don't know what order they were.

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With three of their vehicles standing to be removed,

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the salesman decides to make another phone call.

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This time he's managed to get straight through to the owner

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and breaks the news there's two impatient Sheriffs with their hands on his car keys.

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It's crunch time. Can Lawrence persuade him to pay up?

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Because it's gone to court, sir. There is judgement against you.

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There is now execution costs on it, there is interest going on it on a daily rate.

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There's our fees for coming out today, and there's VAT.

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Right, so you're saying you haven't got the money to pay it.

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We're sent out to remove goods, and that's what we're here for today.

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The only way you can prevent that is to pay in full. So, no part payments or anything like that.

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It's got to be paid in full.

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Right. It needs to be done by immediate payment, sir.

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We cannot leave until that money hits our bank account.

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OK, do you want me to hand the phone back to him? No, he's gone. Right.

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The owner says he'll try to pay the money Destiny's owed by bank transfer.

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He also explains why he's not there to deal with the matter in person.

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Apparently the boss is out in Egypt on honeymoon.

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Right. You said he was outside of London.

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-Well, Egypt's is outside London, Kev.

-It is that. I don't know if I'd describe it...

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Don't be splitting hairs. We're both bald, we haven't got any to split.

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Lawrence supplies the salesman with their account details

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to pass on to his honeymooning boss.

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He also gives him some free sales advice.

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Do you want to answer that? It might be a customer.

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They might want to buy one of your cars for ten grand, then you can just pay me.

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Lawrence and Kev wait to see if the payment comes through.

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Are you texting him the details, are you?

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Just make doubly sure you get it right, because if you get one digit wrong

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and it goes into the wrong bank account, we'll be taking the cars.

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A man arrives who seems familiar with both the business and the debt.

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He demands our camera leaves the premises.

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All right, Frankie.

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15 minutes later, Lawrence receives confirmation from the office that payment's been made, in full.

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OK, I'll issue a conditional receipt.

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Well - almost, anyway.

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63p short, but I'm not going to argue over 63p. HE LAUGHS

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-Thank you very much.

-Cheers, guys.

-Bye-bye.

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It's been a textbook enforcement from Lawrence and Kev,

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and means Destiny will finally get her money, in full.

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-Paid!

-Hallelujah, eh?

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Today, Lawrence and Kev are heading for an Essex showdown

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with the owner of a leaflet distribution company

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who decided they'd rather not pay for work they'd had done for them.

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Just coming into Loughton at the moment,

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we're going to a business address, but for an individual,

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a Miss Charlotte Walker. She's been sued by a gentleman.

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We're there to collect £5,197.15.

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It is an industrial unit, so hopefully at this time of day there will be somebody in there,

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so we'll at least be able to get entry and make contact with somebody.

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The man Lawrence and Kev are trying to help

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is search engine consultant and computer whizz, Paul Keene.

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Paul runs his own small business

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specialising in a hi-tech form of internet marketing.

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SEO stands for search engine optimisation,

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it's the legal manipulation of a website

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to get higher up on the search engines, for example, Google, Yahoo and Bing.

0:20:410:20:46

Paul's skills made him a man much in demand in this cutting-edge industry,

0:20:470:20:51

but have also left him with an old-fashioned problem -

0:20:510:20:55

being owed thousands of pounds and needing the Sheriffs' help

0:20:550:20:59

after taking on a client he quickly came to regret.

0:20:590:21:03

It was frustrating, it was an insult.

0:21:030:21:04

The work's been done, a lot of hours have been put in,

0:21:040:21:07

you've got the results for the client, and you expect to be paid.

0:21:070:21:11

Paul's problems began when he was contacted by leafleting business Walkers Distributions.

0:21:180:21:23

They wanted him to raise the business's profile on the internet.

0:21:250:21:28

Yes, they seemed like a very decent company, and a company I could work with,

0:21:300:21:34

being a smallish organisation, which we specialise in.

0:21:340:21:39

Making the company more prominent on the internet

0:21:400:21:43

would give it a big advantage over its competitors in attracting new clients.

0:21:430:21:47

Walkers Distributions signed a 12-month contract,

0:21:480:21:51

agreeing to pay monthly for Paul's services,

0:21:510:21:54

and the project got under way.

0:21:540:21:56

Initially when a campaign starts, more work is put in,

0:21:560:22:00

to link-building, adding content, checking over the website.

0:22:000:22:05

making sure there's no crawling errors or anything else.

0:22:050:22:08

Doing all these things will push their website higher up the rankings.

0:22:080:22:14

It can take any time between four to six months

0:22:140:22:17

to see the positive benefits of this.

0:22:170:22:20

Paul's small team worked hard putting in the hi-tech groundwork required

0:22:200:22:24

to boost the company's online profile.

0:22:240:22:27

But he soon realised all wasn't well

0:22:270:22:29

when Walkers' first monthly payment was hundreds of pounds below what had been agreed.

0:22:290:22:35

The second failed to arrive at all.

0:22:350:22:38

They were talking about cash flow problems within the company.

0:22:380:22:42

My answer was, you've just signed up a contract for £7,000 or £8,000 -

0:22:420:22:48

didn't you know you had cash flow problems when you signed the contract?

0:22:480:22:51

You shouldn't have done, if that was the case.

0:22:510:22:54

A lot of alarm bells started ringing then.

0:22:540:22:56

I became very suspicious of what they were doing and who they were, who I was dealing with.

0:22:560:23:03

A lot of work had already been carried out, the link-building was under way,

0:23:030:23:09

you know, it was a problem.

0:23:090:23:11

As months passed, Paul continued to work on the Walkers campaign, which was starting to show results.

0:23:110:23:18

But despite the company openly expanding and enjoying new-found prominence through the internet,

0:23:180:23:24

they were still refusing to pay for the work as agreed.

0:23:240:23:28

Some months there was nothing, some months there were small amounts,

0:23:280:23:31

you could never to speak to anyone in the company,

0:23:310:23:34

there was no-one there in accounts, they wouldn't reveal a name of anyone. It was all very hush-hush.

0:23:340:23:39

After the work we had done, they were now sitting on page one for everything,

0:23:390:23:43

it's generated a lot of business for them, they've opened up a new distribution centre,

0:23:430:23:47

yet they weren't paying the person that provided the extra business.

0:23:470:23:51

Despite clear signs of the benefits his hard work had brought the company,

0:23:530:23:57

six months later he was still constantly chasing the money he was rightfully owed.

0:23:570:24:03

Paul had reached the end of his tether.

0:24:030:24:06

So, I received an e-mail, a very abrupt e-mail, from Walkers Distributions,

0:24:060:24:11

saying, "We will pay you when we pay you. That's it, take it or leave it."

0:24:110:24:15

We're a small business, we can't write off debts like that,

0:24:150:24:19

especially for many thousands of pounds, and we have to pursue them.

0:24:190:24:23

Paul's only option was to take Walkers Distributions' boss, Charlotte Walker,

0:24:230:24:27

to court for the money he was owed.

0:24:270:24:29

Charlotte Walker contested the case,

0:24:290:24:31

but a judge sided with Paul,

0:24:310:24:33

ordering her to pay him £3,572.80 within 14 days.

0:24:330:24:40

But the company still failed to pay up.

0:24:400:24:44

At this point, Paul sent for the Sheriffs.

0:24:440:24:47

The whole experience, has been a constant annoyance, it's been a thorn in my side,

0:24:470:24:51

and it's something I want to get rid of.

0:24:510:24:53

It's like something on your shoe, and you want to scrape it off, basically.

0:24:530:24:58

Looking to get Paul the money he's owed,

0:24:580:25:01

Sheriffs Lawrence and Kev arrive at the business address.

0:25:010:25:04

Walkers Distribution, B2. B2, yeah.

0:25:050:25:09

B2, Walkers Distribution, yeah.

0:25:090:25:11

And take advantage of the company parking space.

0:25:120:25:15

Unit B2 parking only - well, that'll suit me.

0:25:160:25:18

-Hello, there.

-Hi, there.

-I'm looking for Charlotte Walker.

0:25:210:25:26

My name's Mr Grix. I'm an Enforcement Officer.

0:25:260:25:29

I'm here today to execute a High Court writ against her. Are you able to get her on the phone at all?

0:25:290:25:35

Erm, I don't know.

0:25:350:25:37

As the staff member gets her boss on the phone,

0:25:380:25:40

we're asked to leave the office.

0:25:400:25:43

So, you can wait outside.

0:25:430:25:45

Not wanting to waste any time, Lawrence asks to speak to Charlotte Walker directly.

0:25:450:25:49

Hello, my name's Mr Grix.

0:25:510:25:53

We're ordered here today to seize goods to the value of £5,197.15

0:25:530:25:58

with a view to removing them and selling them at auction to clear this debt.

0:25:580:26:02

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

0:26:020:26:06

Charlotte Walker says she's had no warning of the enforcement

0:26:060:26:10

and has applied to the court to pay the money owed to Paul in monthly instalments.

0:26:100:26:15

But Lawrence isn't in the mood for excuses.

0:26:150:26:18

With respect, you can't say you haven't heard of it if you've applied to the court to make payments.

0:26:180:26:22

You've obviously been to court at some stage and spoken to a judge,

0:26:220:26:26

but you're telling me you didn't know anything about it.

0:26:260:26:28

Sending off forms to the court or applying for something at the court

0:26:280:26:32

does not prevent execution of this writ.

0:26:320:26:35

Lawrence is holding the highest card in this dispute.

0:26:350:26:38

His High Court writ trumps any other ongoing applications to do with this case.

0:26:380:26:44

And he's just getting warmed up.

0:26:440:26:46

The claimant is perfectly within their entitlement to transfer it up to the High Court

0:26:460:26:50

for enforcement purposes. And that is the bottom line.

0:26:500:26:53

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

0:26:530:26:57

Then goods will be seized and potentially removed to be sold at auction to clear the debt.

0:26:580:27:03

The defendant says it doesn't matter anyway,

0:27:030:27:05

as none of the goods in the office belong to her,

0:27:050:27:08

as she's no longer running the business as a sole trader.

0:27:080:27:12

Instead, she's formed a new company, Walkers Distributions Ltd.

0:27:120:27:17

The company that's trading is Walkers Distribution Ltd.

0:27:170:27:20

So where's the certificate of employer's liability and public liability

0:27:200:27:24

for Walkers Distribution Ltd as the law dictates?

0:27:240:27:26

Lawrence has noticed all the certificates in the office still have the defendant's name on them.

0:27:270:27:33

He calls the office to find out exactly what records exist

0:27:340:27:37

for the newly formed Walkers Distributions Ltd.

0:27:370:27:40

She's saying that the company is Walkers Distributions Ltd.

0:27:400:27:44

Can you have a check on Companies House for me?

0:27:440:27:48

Incorporated 12th March, 2012.

0:27:480:27:51

This stuff here is all older than March.

0:27:510:27:54

The office goods all pre-date the new company being formed,

0:27:540:27:58

so Lawrence is satisfied they were bought by the defendant.

0:27:580:28:02

Unless she can produce evidence proving she no longer owns them, they can be removed to pay her debt.

0:28:020:28:08

There's no way this is all brand-new since March.

0:28:080:28:10

So, it was bought previously.

0:28:100:28:13

But as minutes then hours pass, nothing arrives.

0:28:130:28:16

Whether anything does come in to support Walkers Distributions' claims,

0:28:160:28:20

or whether Lawrence can get the money owed to Paul Keene, we'll find out later.

0:28:200:28:26

Look at that bad boy, out there.

0:28:260:28:27

Sheriffs cover the length of breadth of England and Wales enforcing High Court writs.

0:28:270:28:32

We're on our way to a place called Nunney in Somerset.

0:28:320:28:36

We're off to Newhaven Marina.

0:28:360:28:38

They go out at any time...

0:28:380:28:40

It's just before 5am now.

0:28:400:28:42

..in any weather.

0:28:420:28:45

Prepared to seize anything in order to pay back debts that are owed.

0:28:450:28:49

It needs to be done by immediate payment, sir. We cannot leave until that money hits our bank account.

0:28:490:28:54

Anyone managing to obtain a County Court judgment of over £600

0:28:540:28:58

can upgrade it to the High Court and get a writ.

0:28:580:29:01

Hello, there.

0:29:010:29:02

These days a High Court writ costs £60.

0:29:020:29:06

If the Sheriffs are successful, there's nothing more to pay - all the costs are paid by the debtors.

0:29:060:29:13

-That's the cash there, so paid in full.

-Lovely, thank you. Bye-bye.

0:29:130:29:16

On the rare occasions the Sheriffs don't get someone their money back,

0:29:160:29:20

there's only an admin fee of £60 to pay.

0:29:200:29:22

Hallelujah, eh?

0:29:220:29:24

Being a Sheriff is not a 9 to 5 job.

0:29:300:29:33

This morning, for Darryl Oreton...

0:29:340:29:37

Ready for action.

0:29:370:29:39

..and Mark Povey, it's more of a 5 till 9 job.

0:29:390:29:43

This is probably our earliest.

0:29:430:29:45

They're on their way to Leighton Buzzard

0:29:450:29:48

to meet a debtor they've been warned leaves for work early. Very early.

0:29:480:29:52

It's just before 5am now. So we can hit the defendant, Michael Brown, first thing.

0:29:520:29:57

We're told he goes to work at 5:30am.

0:29:570:29:59

This is the earliest we're going to be getting to a job, knocking someone's door at 5am.

0:29:590:30:04

We're looking for £5,173.79.

0:30:040:30:08

Hopefully, we don't need to wake him up - he should be ready and waiting for us.

0:30:080:30:13

Michael Bown has fallen into a dispute with an ex-associate

0:30:130:30:17

over a BMW 5 Series he agreed to buy from them but has so far failed to pay for.

0:30:170:30:24

SAT NAV: You have reached your destination.

0:30:240:30:27

It may be pitch black and they may be tired,

0:30:270:30:30

but that won't stop the Sheriffs going to work to get back the money rightfully owed.

0:30:300:30:34

Arriving at the property, and the car in question is parked on the driveway.

0:30:400:30:46

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.

0:30:460:30:53

KNOCKS QUIETLY

0:30:540:30:57

No-one seems to be up. Have the Sheriffs arrived too early?

0:30:580:31:02

There's not much they can do, but knock.

0:31:030:31:05

And knock.

0:31:080:31:10

And knock.

0:31:130:31:15

Mr Bown. Enforcement Officers. Can you come downstairs, please?

0:31:200:31:25

And knock some more.

0:31:250:31:26

And wait.

0:31:280:31:29

But there's still no sign of debtor Michael Bown, and Darryl's knocking...

0:31:330:31:37

..is upsetting the neighbours.

0:31:420:31:44

Sorry about the disturbance.

0:31:440:31:46

Either Mr Bown isn't in, or he's dead set on ignoring the Sheriffs.

0:31:460:31:50

Concerned neighbour.

0:31:500:31:53

Either way, there's not much Darryl and Mark can do about it.

0:31:530:31:57

They decide to wait in the van to see if anything stirs.

0:31:570:32:00

Darryl takes precautions against what the dawn may bring.

0:32:030:32:07

40 minutes later, and dawn finally breaks over Leighton Buzzard.

0:32:100:32:15

But will the daylight bring a change of luck for Darryl and Mark?

0:32:150:32:18

He ain't coming. He ain't coming out.

0:32:350:32:38

Without any response from inside and unable to force entry at a residential property,

0:32:380:32:43

there's nothing the Sheriffs can do this morning.

0:32:430:32:46

I've seized the vehicle anyway. I'll just leave some paperwork.

0:32:460:32:50

Hopefully he calls us, otherwise we'll be back,

0:32:500:32:55

possibly remove the vehicle next time we come.

0:32:550:32:57

They post the notice of seizure for the BMW, and with that, head off.

0:32:590:33:03

Mr Bown now has five days to get in touch, or Darryl will be back to tow away the car.

0:33:030:33:10

Until he does, the previous car owner will have to wait to see the light at the end of the tunnel.

0:33:100:33:15

Mr Bown told us he had not been in at the time of the Sheriffs' visit

0:33:150:33:20

and knew nothing of the judgement until he received their paperwork.

0:33:200:33:24

he said he believed he had paid for the car previously

0:33:240:33:27

and disputed that he owed any money.

0:33:270:33:29

He said he hadn't contested the case because he'd been tied up

0:33:290:33:33

in other legal action against the same claimant.

0:33:330:33:35

-Hello, there.

-In Essex, Lawrence and Kev are still at the offices of

0:33:420:33:46

leafleting company Walkers Distributions,

0:33:460:33:49

trying to get money back for their former internet consultant, Paul Keene.

0:33:490:33:53

We are ordered here today to seize goods to the value of £5,197.15

0:33:530:33:58

with a view to removing them and selling them at auction to clear this debt.

0:33:580:34:03

The company's refusing to pay the Sheriffs,

0:34:030:34:06

insisting everything in the office was transferred from the old business named on the writ

0:34:060:34:11

to a new company when it was set up some months earlier.

0:34:110:34:14

She is saying that the company is Walkers Distribution Ltd.

0:34:140:34:18

Finally, a receipt is e-mailed through

0:34:180:34:20

supporting the defendant's claim that she sold everything

0:34:200:34:24

to the new limited company when she set it up.

0:34:240:34:27

They've been sold to the new limited company, according to this.

0:34:270:34:30

A cash payment of £550, received in full and final payment for the goods.

0:34:300:34:36

But Lawrence has his suspicions about the receipt,

0:34:360:34:39

as it doesn't accurately list the items in the office.

0:34:390:34:42

After hours waiting around, he's not a happy Sheriff.

0:34:420:34:46

I've got the hump, now. It's taken this long

0:34:460:34:50

to type out something that isn't even worth anything, anyway.

0:34:500:34:55

They don't know what they've got here,

0:34:550:34:57

because they've just put down "office furniture and fittings and computers".

0:34:570:35:02

So, it doesn't detail any of this stuff, at all.

0:35:020:35:05

Enough is enough for Lawrence. All the goods in the office are seized on paper

0:35:050:35:10

and the defendant given five days to provide proper proof that they don't belong to her,

0:35:100:35:15

or the Sheriffs will be back to remove them.

0:35:150:35:18

He tells the woman in the office that her boss's stalling

0:35:180:35:21

means the Sheriffs waiting fees have also been added to her outstanding debt.

0:35:210:35:26

There's some paperwork for you.

0:35:260:35:28

It's been a long, frustrating afternoon.

0:35:280:35:31

-What a waste of time.

-Yeah.

0:35:310:35:33

Total rubbish. Ugh, that was painful.

0:35:330:35:38

Bored, hungry, ratty.

0:35:380:35:41

But as it turned out, Lawrence and Kev's efforts weren't in vain.

0:35:410:35:45

The surprise visit inspired a stark rethink from Charlotte Walker,

0:35:450:35:50

who decided to pay up in full.

0:35:500:35:53

Finally, a delighted Paul has received the money he worked hard to earn.

0:35:530:35:58

I'm really surprised they managed to get money,

0:35:580:36:01

cos I began to believe them there was no money there.

0:36:010:36:04

And it just goes to show that sometimes people say they don't have money,

0:36:040:36:07

but you never know what's under the floorboards or in the mattress.

0:36:070:36:10

On their way to try and get someone else back the money they're owed are Sheriffs Lawrence and Kev.

0:36:200:36:25

It's half past eight and we're on our way to Dorking.

0:36:250:36:28

We're after a business called Astute Management Specialist Resourcing Ltd.

0:36:280:36:33

I believe it's an employment tribunal matter, because it's an individual that we're enforcing on behalf of.

0:36:330:36:39

Arriving at the business park, they pull up and head to their target address.

0:36:480:36:52

There's somebody in.

0:36:530:36:55

So, there's a Michael Tupper who's the director of Astute Management and Aqua Mechanical Appliances.

0:36:570:37:03

-DOOR OPENS

-Hello, mate.

0:37:030:37:05

Hello, there, sir. My name's Mr Grix,

0:37:050:37:07

I'm an Enforcement Officer. I'm here to execute a High Court writ.

0:37:070:37:11

They're greeted by company director Michael Tupper,

0:37:110:37:13

who tries to convince Lawrence he doesn't have to pay because the claimant claimed

0:37:130:37:18

for the wrong amount. But Lawrence is having none of it.

0:37:180:37:21

The problem he's got is that the amount he's claimed for is the wrong figure.

0:37:210:37:25

Because obviously he's claimed for a figure which should have tax deducted from it.

0:37:250:37:29

I don't know if you're aware of it, there's what's known as the 42-day rule.

0:37:290:37:32

Doesn't matter what the dispute is, on the 42nd day, you have to pay.

0:37:320:37:36

But Mr Tupper has other reasons he says justifies not paying up.

0:37:360:37:41

There's nothing here for Astute because actually they don't trade any more.

0:37:410:37:44

-They're a company, but...

-They're still showing as active on Companies House.

0:37:440:37:49

They might be active, but they're not actually here.

0:37:490:37:51

So, who are you to do with Astute, sir?

0:37:510:37:53

-I'm actually a director of Astute.

-Mr Tupper.

-But Astute doesn't work here.

0:37:530:37:57

-Doesn't trade any more.

-Doesn't trade any more.

0:37:570:38:00

It's Aqua Mechanical Services are here.

0:38:000:38:03

Yeah, which is another one of your companies.

0:38:030:38:06

And Astute are here, but astute don't...

0:38:060:38:09

Astute used to have a little desk in the corner run by a bloke called Dave, but he's gone.

0:38:090:38:14

What proof have you got that they've got no money, no assets?

0:38:140:38:18

I haven't got anything. I don't know what proof I'm supposed to give you, I don't know.

0:38:180:38:23

Well, you would need to provide proof of all the assets of your other companies.

0:38:230:38:27

All this lot here is in my name.

0:38:270:38:30

-Your personal name?

-Yeah. All this lot here is owned by me.

0:38:300:38:33

Well, you would need to prove that, sir. We're here today to seize that.

0:38:330:38:37

-Because you haven't paid the employment tribunal award...

-Yeah.

0:38:370:38:40

..we're here today to seize assets to clear the debt.

0:38:400:38:43

There's nothing. I can show you the lease, it's all in my name.

0:38:430:38:46

That's all I can show as evidence it's all in my name.

0:38:460:38:48

Well, that just shows that the lease of the property is in your name,

0:38:480:38:52

it doesn't show anything to do with the assets, does it?

0:38:520:38:54

You can have a look. There's nothing here, mate. There's nothing in here.

0:38:540:38:58

Lawrence and Kev are invited inside to inspect the company offices.

0:38:580:39:01

We're asked to stay outside.

0:39:010:39:03

Lawrence wastes no time in checking out what assets are on offer, in case they need to seize them.

0:39:050:39:10

Take an inventory.

0:39:100:39:12

We'll need to see proof of actually who owns all the fixtures and fittings in here,

0:39:120:39:19

all the desks, photocopiers, fans, phones, computer systems, everything.

0:39:190:39:26

We're going to seize it all until such time as proof of ownership is shown.

0:39:260:39:30

To prove the company's got no money, the director takes the unprecedented step

0:39:310:39:36

of showing Lawrence the company bank accounts.

0:39:360:39:39

It shows there was money in the company account

0:39:390:39:42

but it was removed two days earlier.

0:39:420:39:45

Lawrence finds it odd that a company that hasn't traded for some time, according to the director,

0:39:450:39:50

can still be moving money around.

0:39:500:39:52

You can't have it both ways, sir. You can't have it as the company isn't trading,

0:39:520:39:56

but it's got £4,000, or over £4,000 has gone out of its account in the last two days

0:39:560:40:00

if it's not trading. So, who has used the bank account?

0:40:000:40:05

The director explains that another company

0:40:050:40:08

has been using Astute Management Specialist Resourcing Ltd's bank account.

0:40:080:40:13

But you can't just have one company using another company's bank account.

0:40:130:40:17

Because what that means is you're saying this company isn't trading,

0:40:170:40:20

the company that you say is using the bank account can therefore declare

0:40:200:40:24

a lot smaller turnover because it's using a bank account of a company that isn't trading.

0:40:240:40:30

So it can hide its turnover.

0:40:300:40:33

Sir, forget the money, then, we're not here for money, actually.

0:40:330:40:37

We're ordered here to seize goods to clear the debt, so that's what we're going to do.

0:40:370:40:42

And the only way to prevent that is to pay in full.

0:40:420:40:46

Lawrence might not be getting too far with the bank accounts,

0:40:460:40:49

but his diligent examination seems to have rattled Mr Tupper,

0:40:490:40:53

who expresses a willingness to come to an arrangement on payment.

0:40:530:40:58

Delighted, Lawrence suggests Mr Tupper offers a payment plan.

0:40:580:41:01

As a back-up, Lawrence carries out a walking possession at the same time,

0:41:010:41:06

seizing what assets there are for the court on paper.

0:41:060:41:09

So, we'll do that, we'll give you a walking possession agreement over the stuff.

0:41:090:41:14

You offer an amount to get the ball rolling.

0:41:140:41:17

You might stand a chance if you offer the £1,272.44 straight up, maybe,

0:41:170:41:22

and then £1,000 a month over the next couple of months,

0:41:220:41:27

that might be accepted.

0:41:270:41:29

OK, then Mr Tupper. Cheers. Bye-bye.

0:41:290:41:32

Finally, the Sheriffs emerge and Lawrence is pleased to hail an unexpected success.

0:41:320:41:38

We've taken a walking possession. We've given five days

0:41:380:41:42

for the other companies to prove ownership, and they're going to submit a proposal.

0:41:420:41:46

We've seen the bank account, there's no money in it.

0:41:460:41:48

And there's no assets. He's saying the company isn't trading.

0:41:480:41:53

To get any kind of proposal really,

0:41:530:41:54

if the company genuinely isn't trading,

0:41:540:41:57

hasn't got any assets and hasn't got any money...

0:41:570:42:01

You know, if he'd have just said "I can't pay, do your worst,"

0:42:010:42:04

then there's not a lot you can do,

0:42:040:42:06

so to get any kind of proposal is quite good, I think.

0:42:060:42:10

And following their visit, the director did begin paying off the debt

0:42:110:42:15

in accordance with Lawrence's payment plan.

0:42:150:42:19

Which means the former employee getting back the money that's rightfully his.

0:42:190:42:22

Mr Tupper told us:

0:42:250:42:27

He does not believe that Astute Management Specialist Resourcing Ltd did anything wrong.

0:42:330:42:39

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