Episode 10 The Sheriffs Are Coming


Episode 10

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Transcript


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If you're owed money but aren't getting paid, it's time to call the sheriffs.

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-My colleague and I are enforcement agents.

-I'm here to issue a High Court writ.

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I've got to do what I'm instructed to by the court.

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They're enforcement agents at the High Court

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and if a court's ruled in your favour, they're on your side.

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-If the debtor doesn't want to pay...

-You currently owe £9,461.90.

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..the law says the sheriffs can get you what you're owed.

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If you don't open the door, we have to remove the vehicle off the drive.

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You're allowed a week to pay in full before it gets sold at auction.

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Whether it's a small company...

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Can I speak to the person in charge, please?

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-..or a household name...

-We're here to see somebody from G4S.

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..if they owe you money, the sheriffs get it paid.

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I'm not going anywhere. You get him to come in here.

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We're not going to be waiting round like that.

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-It needs to be done now.

-Just collected 42 grand.

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Coming up, Swikruti Soni was left more than £1,000 out of pocket

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after being denied a refund by a dress shop.

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That's like near enough a month's wages for me,

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so it's a lot of money. I was really, really annoyed.

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When Ken goes to meet the boss, it all kicks off.

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Whoa, whoa, whoa!

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-God punish you.

-BLEEP.

-Right.

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All your dresses are now on the floor, OK?

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Turn my back on the debtor and the debtor has just punched me

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in the head.

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A landlord owes money to a former tenant after hanging on to

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some of their goods.

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Lawrence and Kev go to collect, but will they find him?

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Quite a bit of post there for him.

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Hold up.

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Hello, sir.

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A Soho restaurant hasn't settled a bill for its cleaning,

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but do they have the money to pay?

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If you're telling me you can't pay it today,

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that's what you're telling me.

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But it's not obvious to me that you can't pay it today.

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And the sheriffs visit a car dealer's on behalf of a customer.

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Are you the guv'nor by any chance?

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But the story isn't as straightforward as it seems.

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The car has been returned, but it's got 8,000 miles on it,

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more than when they sold it.

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This morning, Sheriff Ken Warby is in his home patch, in north London.

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He's heading to Hendon

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to visit a clothing business with an unpaid debt.

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We're going to visit a high street dress shop.

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The claimant is an individual.

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The shop is called Beautiful Dresses

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and is not to be confused with any other company of a similar name.

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It was taken to court by Swikruti Soni,

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a child carer and mum with an eye for a bit of sparkle.

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She came across the shop when she was looking for something

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special to wear for some important social occasions.

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I had a friend's christening coming up

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and a friend's wedding coming up, both best friends of mine,

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and I wanted to make the effort, so I wanted to get something nice,

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so I went on the internet, I found a company called Beautiful Dresses.

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It seemed to be just what she was looking for.

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They were lovely, they were gorgeous dresses.

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They were like embellished nice dresses, which I love.

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You can't just get them in, like, an everyday shop, really.

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So I thought I'd order from them.

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In fact, she ordered three, telling the store owner that she

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planned to return one, once she tried them on.

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They didn't come cheap.

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The dresses were over £1,000 for three dresses.

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They were about £300 each, just over £300 each.

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The owner of Beautiful Dresses requested that she

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paid by bank transfer.

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As Swikruti's events were coming up soon,

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she paid extra for next day delivery.

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She didn't send them next day delivery.

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Over a week, I was waiting.

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With the events rapidly approaching, Swikruti decided to cancel

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and had to go last-minute shopping for some replacement outfits.

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It was a panic to get it all done. I was fretting.

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As well as having at the back of my mind about this money, trying to get

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this money back as well as trying to find two different outfits.

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So it was a lot of stress.

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She managed to buy the clothes she needed.

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But when it came to cancelling her order with Beautiful Dresses,

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that was a different story.

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When I asked to cancel them, she just refused to cancel them and sent

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me them anyway, even though the christening

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and the wedding had both gone.

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In fact, only two of the three dresses

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she had paid for ever arrived and they were the wrong size.

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So I was obviously really upset and I was really, really annoyed.

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The shop initially agreed to take the dresses back,

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so Swikruti put them in the post.

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But getting the refund she'd been promised turned out not to be

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that simple. First the owner claimed she'd never received them,

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but then appeared to back down.

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At one point, she did say - give me your bank details

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and I'll put the money in, then nothing.

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I constantly rang her, she put the phone down on me.

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That's like near enough a month's wages for me,

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so it's a lot of money to be spending

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for her not to send me the money back.

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In the end, Swikruti had no choice but to take further action.

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I went to Citizens Advice, who recommended Money Claims.

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Swikruti used Money Claims online to file a case in the county courts.

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Beautiful Dresses didn't defend it,

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so Swikruti won a judgment in her favour.

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But she's still not got her money back

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and has turned to the sheriffs.

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It's definitely my last hope, otherwise the money's just gone.

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There's nothing I can do about it. The money's just gone.

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In London, Ken's approaching the shop

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and is determined to get that money back for her.

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I'm assuming that there's going to be stock in the shop.

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A proper dress shop.

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There should be enough in there for me to get payment in full, I'd say.

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I'm pretty confident before I even get there.

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Ken's confidence seems justified as he enters the shop.

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There's clearly value on the rails here.

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Hello. My name's Mr Warby. Are you the owner of the shop?

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Is the owner around?

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She isn't, but the staff member calls her on speakerphone.

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Is it Lili?

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That's the name I've got down here.

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The boss, Lilian Chidoka, isn't picking up.

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You hang up, let me have a go.

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Never know.

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The staff member says her shift ends after lunch and whether or not

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they can reach her, Lillian should be arriving later.

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She's not due here for another hour and a half,

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when she's due to take over from this lady,

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so we're just going to have to wait.

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In the meantime, Ken starts looking through the shop's assets.

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They're certainly not cheap.

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£1,200.

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550.

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420.

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Excuse me, madam!

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High value, easily removable goods are ideal

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for the sheriffs. Ken's in a strong position to demand full payment.

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They're all good quality dresses and there's

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a couple of dozen of them as well, so yeah, all good gear.

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The staff member, meanwhile, has got the boss on the phone.

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Hello.

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I'm here because we have a judgment against Beautiful Dresses

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from Swikruti Soni.

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Our company sent a notice of enforcement to this

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address on the 10th of March.

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Because we haven't had a response from you, I'm here now to

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collect in full and the total I'm looking to collect is £1,658.08.

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Lilian Chidoka says she hasn't got the money to pay.

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Yeah, that is unfortunate. If you haven't got it, I'm going

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to have to list the items in the shop and remove them.

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That is the normal procedure, yes.

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The boss tells him that he can't remove her goods.

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Ken is entitled to but doesn't need to

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if he can secure a reasonable payment plan.

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Can I just ask you a question? How much do you have to pay now?

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If we have to make the phone call and get goods removed,

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then obviously the costs are going to go up

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and that's what we need to try and avoid.

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What do you have now?

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She says she won't make a part payment of anything.

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There doesn't seem much to be chance of negotiation on the phone

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so Ken lets her know where he stands.

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What I'll do is, I'm going to wait here

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until one o'clock for you to turn up.

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However, I am going to require full payment now, OK?

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I am not walking out of here without this payment.

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Or removement of goods. So that's what you need to sort out.

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I'm sorry I can't help you, but we do require payment in full,

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so what I would suggest you do is get payment in full

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and meet me here at one o'clock.

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Otherwise, I'll be listing items and we'll be removing them.

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She seems convinced that isn't going to happen.

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We can remove goods.

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Yes, first visit, we can remove goods.

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Thank you.

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It hasn't been a very encouraging conversation.

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What she's saying is she wants to enter into an arrangement

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with me and she has nothing at all to pay me today.

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That's not good enough.

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We've got goods in the shop that will fetch the value of the debt,

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so I'm going to start listing the items here.

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She's not due in the shop for another hour.

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By the time she gets here,

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if she hasn't got the payment, then goods listed will be removed.

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Later, we find out what happens when Ken gets to meet the boss.

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-I don't want you here.

-I wouldn't do that, if I were you.

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If you've been ripped off and the person or company responsible

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refuses to pay you back,

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the first step is to make a claim in the county court.

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It's simple to do this online, for a small fee,

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depending on the size of the claim.

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The court will review the evidence and if it finds in your favour,

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the debtor will be ordered to pay up.

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If they don't, then for a further £60, the High Court will

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grant a writ, authorising the sheriffs to act on your behalf.

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If they're successful, you get all your money back.

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Disputes between landlords

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and tenants are an all too common occurrence.

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This morning, Sheriffs Kev McNally

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and Lawrence Grix are about to enforce a case,

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where a disagreement over a property ended up being decided by a court.

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Ten o'clock in the morning. Romford, we're heading to.

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We're going to go and find Dr Souymo Gorai.

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Dr Gorai was taken to court by a former tenant who claims

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they were unfairly evicted from the property.

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And according to the information we have,

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he proceeded to rent the property out to someone else,

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with all our client's property and personal belongings still in there.

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The tenant claims they never got their stuff back

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and took the case to court to recover their costs.

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They won a default judgment in their favour for £5,000, some

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of which has now been paid, but Kev and Lawrence are here for the rest.

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He owes £1,670.

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The sheriffs are arriving at what they believe is Dr Gorai's

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home address and they've spotted a black BMW they think is his.

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Yeah, that's it, yeah.

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The sheriffs have already done checks on a licence plate

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number they've been supplied,

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to confirm the BMW is free from finance and so could be removed.

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-But there's a problem.

-We have got it slightly wrong.

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We were given the wrong number, were we?

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One of the digits is different from what the sheriffs have been told.

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Right, so we haven't got a result on it, have we?

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That means they don't know

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whether this car is clear of finance after all.

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Lawrence heads to the house to see if the doctor is home.

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They try the bell, but there's no answer.

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Lawrence looks for any sign of life.

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Anything in the letterbox that could confirm that he lives here.

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There, there's one for him.

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-It's addressed here, is it?

-And another one. And another one.

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-And another one.

-So, the sheriffs are in the right place.

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But is the debtor here today? KNOCKS ON DOOR

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With barbed wire on top of the wall, they won't be climbing over.

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While Lawrence takes a closer look at the car,

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-Kev tries the neighbours.

-I wonder if you could help me.

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Do you know if it's Dr Gorai living next door?

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-But they don't seem to know.

-All right, no worries.

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It looks like this could be a wasted trip.

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Just had to leave paperwork. It's unfortunate,

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but we were given the wrong registration for the vehicle.

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It wouldn't have mattered whether they were in or not,

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we'd have taken the car.

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So we have to hope now that either he gets in touch and pays,

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or the car's still here when we come back if he doesn't get in touch.

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-Hold up.

-But I have my suspicions about that. Aha.

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But just as hope of getting the debt paid is fading,

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a car pulls in to the drive.

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It's Dr Gorai.

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Once he's stepped out of the car,

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Lawrence takes the opportunity to acquire his car keys.

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It won't be worth as much as the BMW, but it's something.

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My name's Mr Grix, my colleague and I are enforcement agents.

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We're here today with a High Court writ.

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-The total outstanding is £1,670.16.

-Yes.

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We're ordered here today by the High Court to take control of goods

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to clear that debt, unless you pay in full.

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Yes, I can pay in full.

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If you give me account details, I will transfer it straightaway.

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OK.

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Dr Gorai has immediately offered to settle the bill,

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so why didn't he pay earlier?

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Your letters don't give us any account details.

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No, but it gives you details of how you can get in touch

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with us to make the payment, doesn't it?

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But without the account details, how can I make a payment?

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That's something you need to take up with the Ministry of Justice, sir,

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because the forms are prescribed forms by the Ministry of Justice.

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Yeah.

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And Lawrence is happy to provide all the details Dr Gorai needs.

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It's that sort code, that account number,

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it needs to be done as an immediate payment.

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If you do that, then I'll check with my office

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and providing the money's gone into the account, we'll issue you

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a receipt, you can have your keys back and we'll be on our way.

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-Without my keys, I can't get into my property.

-That's a car key, sir.

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My house key is in the boot of the car.

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Lawrence doesn't want to give the car keys back,

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but opens the boot for him.

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Dr Gorai unlocks the house

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and starts to get some things from the car.

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But he's left the front door open,

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so Kev steps in, closely followed by Lawrence.

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-Would you wait outside?

-No, my colleague's already inside,

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so we'll come in while you make the payment.

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-Is he?

-Yeah.

-Is that what you...?

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The sheriffs are legally allowed to walk through an open door

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into a residential premises.

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Once inside, they can't be told to leave.

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But ten minutes later, the sheriffs are back out of their own

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accord, with their every move filmed by the debtor,

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who is also willing to volunteer his side of the story.

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This was regarding a tenant of mine

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who stayed in my property for seven

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months without paying rent,

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trashed my property, kept a snake in the property,

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kept rats in the property, completely trashed my garden.

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Dr Gorai claims the tenants left of their own accord

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when he chased them for the rent.

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Then, I used my keys to get into the property

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and there were some goods left in the property.

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When we changed the locks for the front door,

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they then went to the court and tried to get money back for the

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£5,000 goods that they thought that I had stolen from them, which

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we had kept for them for some time, but they didn't come to collect it,

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and when they didn't come to collect it, we had to

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dispose of the goods because we didn't want to touch their goods.

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But the court ruled in the tenants' favour

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and ordered Dr Gorai to pay them £5,000, which he hasn't done.

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Dr Gorai admits he received a demand for payment from the sheriffs,

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but didn't think he'd been given enough information.

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There was no bank account, there was

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no address to where the payment had to be made, there was just a

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telephone number and our experience of telephone numbers is very bad.

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He gave me the details today and I paid within ten minutes.

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It's a much better outcome than the sheriffs anticipated.

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That went very well.

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We were basically about to leave

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because we couldn't get an answer, but he did pay fairly quickly.

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He was a bit awkward, as some people tend to be.

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We showed him ID when he pulled up on his driveway.

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Then he was wanting to see it again,

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didn't want to sign the receipt either.

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It doesn't matter to us. We got the payment.

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So, job done.

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And that means the tenant whose property went missing will

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get the money the court said they were owed.

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Back in north London,

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Ken's in a shop in Hendon called Beautiful Dresses.

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He's spoken to the owner, who told him

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she isn't going to pay the £1,658

0:18:290:18:32

owed to former customer Swikruti Soni.

0:18:320:18:36

While he waits for her to arrive, he's checking out what's

0:18:360:18:40

available if he needs to take control of goods.

0:18:400:18:43

Well, I'm struggling between pink, cerise, beige and salmon.

0:18:460:18:51

But we're getting there.

0:18:510:18:54

I used to work in a paint shop, so I know the range of colours.

0:18:540:18:57

A skill he's keen to demonstrate.

0:18:570:19:00

We're getting there. Arsenal red.

0:19:000:19:03

A nice turquoise one for a change.

0:19:030:19:05

Where was I? In the middle of turquoise, red and plum.

0:19:070:19:11

But he's not quite so au fait with the specifics of ladies' fashion.

0:19:150:19:20

What would you call that?

0:19:200:19:22

That's not a dress. What would you call...?

0:19:240:19:26

A cape.

0:19:280:19:30

Thank you.

0:19:300:19:31

OK.

0:19:320:19:34

Cape.

0:19:340:19:36

35-40 dresses, ranging retail

0:19:360:19:41

price from £1,200

0:19:410:19:46

to £350.

0:19:460:19:48

As they won't fetch anything like that at auction,

0:19:500:19:53

Ken is listing enough of them

0:19:530:19:54

to guarantee they'd raise a sum which would cover the full debt.

0:19:540:19:58

He's hoping it won't come to that

0:19:580:20:00

and the shop will make an offer of payment instead.

0:20:000:20:04

Have to see what the lady can come up with when she turns up.

0:20:040:20:08

She previously told me she had no money, so that's not good.

0:20:080:20:12

Hopefully, we'll get it resolved.

0:20:120:20:14

Ken's been in the shop for a little over an hour when the boss arrives.

0:20:170:20:21

Hello.

0:20:210:20:23

She immediately asks our camera to leave and the shutters come down.

0:20:230:20:27

Inside, Ken explains he really is going to remove her dresses

0:20:300:20:34

if she can't come up with some money.

0:20:340:20:36

She doesn't think he can.

0:20:380:20:40

And invites us back in to explain.

0:20:410:20:44

What he's trying to do is remove goods first visit.

0:20:440:20:47

He's not supposed to remove goods first visit, it's never done.

0:20:470:20:51

That's what he's trying to do.

0:20:510:20:53

In fact, enforcement agents ARE entitled to remove

0:20:530:20:56

goods on a first visit.

0:20:560:20:58

The debtor didn't make an arrangement within the seven

0:20:580:21:01

days after the notice of enforcement,

0:21:010:21:04

so now it's down to the sheriff's discretion to decide the best

0:21:040:21:07

course of action to get their claimant's money back.

0:21:070:21:10

Ken, meanwhile, has made the mistake of nipping out to his car.

0:21:130:21:17

Ms Chidoka tries to shut him out.

0:21:170:21:19

You're not locking me out.

0:21:190:21:21

Call the police, first.

0:21:210:21:23

With Ken back safely inside the shop, Lilian continues.

0:21:230:21:27

You make an arrangement, OK?

0:21:270:21:29

And then if you breach the arrangement, you come back the first

0:21:290:21:32

time, if you breach the arrangement, you come back the second time.

0:21:320:21:35

The third time, that's when you remove goods.

0:21:350:21:38

He doesn't know his job. Film him.

0:21:380:21:40

Look at him. He doesn't know what he's doing.

0:21:400:21:42

You don't remove goods first visit.

0:21:420:21:45

You don't. It's never done.

0:21:450:21:47

But Ken isn't on the phone to one of his wives or girlfriends.

0:21:530:21:58

I'm executing a High Court writ of control at a shop.

0:21:580:22:01

I just need a police officer here to prevent a breach of the peace.

0:22:010:22:05

The woman is already agitated

0:22:050:22:07

and Ken doesn't want to see the situation deteriorate further.

0:22:070:22:11

They will be here within the hour.

0:22:110:22:13

They are going to turn up here, just to prevent a breach of the peace,

0:22:130:22:16

so I'm able to remove these dresses myself.

0:22:160:22:19

I understand that. That's fine.

0:22:220:22:24

Convinced she's right,

0:22:270:22:29

the shop owner has decided to start filming herself.

0:22:290:22:32

The third time, that's when they remove goods.

0:22:320:22:34

They are here for the first time and he's planning to remove goods.

0:22:340:22:37

It's never done. It's against the law.

0:22:370:22:39

I watched... What do you call that programme again?

0:22:390:22:42

-The Sheriffs Are Coming.

-..The Sheriffs Are Coming, I watch it too.

0:22:420:22:45

And what the bailiffs normally say - OK, they list the items and make

0:22:450:22:48

an arrangement with the debtor, I am putting this on YouTube, I will send

0:22:480:22:51

a copy to you, BBC, and I will send a copy to David Cameron's office.

0:22:510:22:56

Once again, Ken's taken the opportunity to pop out

0:22:580:23:02

to his car to pick up some more paperwork.

0:23:020:23:04

The shop owner thinks she sees a second chance to lock him out.

0:23:040:23:07

-I don't want you here.

-I wouldn't do that if I were you.

0:23:180:23:21

What will you do?

0:23:210:23:22

I don't want you here, you have to leave.

0:23:260:23:29

Ms Chidoka has no right to lock Ken out of the shop

0:23:290:23:32

and it's an arrestable offence to obstruct him in his work.

0:23:320:23:35

With the atmosphere fragile, he's now just

0:23:380:23:41

waiting for the police.

0:23:410:23:43

Later, we see what happens when they arrive.

0:23:430:23:46

You've just assaulted him, in front of two police officers.

0:23:460:23:51

All your dresses are now on the floor, OK?

0:23:510:23:53

Elsewhere in the capital,

0:24:020:24:04

Lawrence and Kev are heading into the heart of the West End.

0:24:040:24:08

They're on their way to a job that's going to turn out

0:24:080:24:10

trickier than expected.

0:24:100:24:12

We're in the middle of town today. Going in to Soho.

0:24:120:24:16

We're actually going to Soho Restaurants Ltd

0:24:160:24:18

and it is a restaurant we're going to.

0:24:180:24:20

They owe £5,259 for cleaning services that have been provided

0:24:200:24:25

to the restaurant that haven't been paid for.

0:24:250:24:28

To recover the money it's owed,

0:24:280:24:30

the cleaning company has taken the restaurant to court

0:24:300:24:33

and won a default judgment when the case wasn't defended.

0:24:330:24:36

The sheriffs are eager to try to get it paid

0:24:360:24:39

and the snail pace traffic en route to the job is trying their patience.

0:24:390:24:44

Absolutely abysmal. I detest driving in central London.

0:24:440:24:48

We've been sitting in the van for so long now and not getting anywhere.

0:24:480:24:53

-It does take its toll.

-It's only there.

0:24:530:24:55

It doesn't help that when they finally

0:24:550:24:58

approach their destination, Lawrence misses the turning.

0:24:580:25:01

Oh, dear.

0:25:010:25:03

What did I say? 22-24.

0:25:030:25:05

-Eventually, they pull into the right road.

-Parking suspended.

0:25:050:25:09

-Can't park here, but...

-It's that one on the corner.

0:25:090:25:13

I'll just wait here.

0:25:130:25:14

We're not getting a ticket, as well as sitting in traffic all day.

0:25:140:25:17

No, that's it.

0:25:170:25:19

After complaining about sitting in the van for the last two hours,

0:25:190:25:22

Kev's helpfully volunteered to stay put.

0:25:220:25:25

The company they're looking for is based at a restaurant called

0:25:270:25:30

Maison Touareg. Lawrence makes his introductions.

0:25:300:25:34

-Hello there.

-Hi.

0:25:340:25:35

I'll show you some ID. My name's Mr Grix.

0:25:380:25:41

I'm an enforcement agent.

0:25:410:25:42

Are you the boss at all?

0:25:420:25:44

Are you able to get him on the phone?

0:25:440:25:47

I'm here with a High Court writ.

0:25:470:25:49

I'll explain it to your boss on the phone.

0:25:490:25:52

Moments later, the staff member returns with the phone

0:25:520:25:55

and Lawrence gets straight to the point.

0:25:550:25:57

Hello, sir.

0:25:570:25:59

I'm here today with a High Court writ against Soho Restaurants Ltd.

0:25:590:26:04

I'm ordered to take control of goods to the value of £5,259.51.

0:26:040:26:08

But he's not expecting the boss's response.

0:26:080:26:10

Right.

0:26:100:26:12

The boss says he owes thousands for unpaid business rates.

0:26:120:26:16

Another debt collection company has already executed a writ

0:26:160:26:19

and taken control of all the goods here.

0:26:190:26:22

It would be one of the more inventive excuses Lawrence

0:26:220:26:25

has heard if it's not true.

0:26:250:26:27

-But he needs to make sure.

-Right. Have you got a copy of that here?

0:26:270:26:30

As it stands at the moment, unless I see copies of this paperwork,

0:26:300:26:33

then I'm going to take control of the goods.

0:26:330:26:36

The man says it's obvious he can't pay. Lawrence isn't so sure.

0:26:360:26:39

If you're telling me you can't pay today, that's what you're

0:26:390:26:42

telling me, but it's not obvious to me that you can't pay today.

0:26:420:26:47

If the goods have already been taken into control by someone else,

0:26:470:26:50

Lawrence can't touch them.

0:26:500:26:52

That means he won't have much leverage to get the debt paid.

0:26:520:26:56

And he might have to walk out empty-handed.

0:26:560:27:00

While the staff member goes to see if he can find the paperwork,

0:27:000:27:03

Lawrence makes some enquiries of his own.

0:27:030:27:06

I'm going to make a phone call.

0:27:070:27:09

The world of High Court enforcement is a small one

0:27:090:27:12

and Lawrence knows just about everyone in the business.

0:27:120:27:15

All right, Dave? How are you?

0:27:150:27:17

I was just phoning cos I think I'm... Well, I am on your patch.

0:27:170:27:20

The other agent confirms his company's already been to the

0:27:200:27:23

restaurant, just as the staff member brings through the paperwork.

0:27:230:27:27

Lawrence can only hope they've left something valuable off the list.

0:27:270:27:31

Right, OK.

0:27:330:27:34

He basically lists all that's in here, the tables, chairs,

0:27:340:27:37

cookers, fridges, everything really.

0:27:370:27:40

So, nothing left for me, unfortunately, on this occasion.

0:27:400:27:43

Lawrence gets back on the phone to the restaurant's boss.

0:27:450:27:48

Right, I've seen all the paperwork, so what I'll do,

0:27:480:27:51

I'll leave paperwork here with the amount that's owing

0:27:510:27:54

and contact details for me and an e-mail address for the office.

0:27:540:27:58

He's hoping that the boss will come to an arrangement to

0:27:580:28:01

-pay at least something.

-Give me a buzz with how much you want to pay.

0:28:010:28:04

-But he's not optimistic.

-Thank you. Bye-bye.

0:28:040:28:08

-There you go.

-And with good reason.

0:28:080:28:11

The outstanding debt on the other one for business rates is

0:28:110:28:14

enormous, compared to ours, so obviously, he's paying that off.

0:28:140:28:17

He wants to pay ours off, so I've left paperwork there and

0:28:170:28:20

he said he'll give me a ring later today with what he proposes to pay.

0:28:200:28:24

Unfortunately, with no goods to take control of, your hands are tied.

0:28:240:28:29

The restaurant boss didn't enter into a payment agreement

0:28:290:28:32

later that day and to date,

0:28:320:28:34

the debt with the cleaning company has not been settled.

0:28:340:28:37

Sheriffs are now officially known as High Court enforcement agents

0:28:400:28:43

and they'll collect the money you're owed.

0:28:430:28:46

My job is to collect in full or remove goods.

0:28:460:28:50

They've got more powers of entry than bailiffs.

0:28:500:28:52

We don't have to take any notice of your security protocol, I'm afraid.

0:28:520:28:55

And there's no limit on the size of the debts they can pursue.

0:28:550:28:58

£1.6 million.

0:28:580:29:01

Every year, sheriffs enforce more than 70,000 writs across England

0:29:010:29:05

and Wales and recover more than £75 million.

0:29:050:29:08

I'm here today to take control of goods to the value of £41,086.

0:29:080:29:13

We have to insist on full payment.

0:29:130:29:15

Their fees are set by the Government,

0:29:150:29:18

which debtors have to pay, on top of what they already owe.

0:29:180:29:21

Thank you very much. See you later.

0:29:210:29:23

If the sheriffs can't recover any of your money,

0:29:230:29:26

there's a fee of £75 plus VAT.

0:29:260:29:29

Sheriff Ken Warby is still in Beautiful Dresses,

0:29:380:29:41

a north London clothes shop which owes £1,658 to Swikruti Soni,

0:29:410:29:47

who never received a refund for three outfits she bought.

0:29:470:29:51

The owner, Lilian Chidoka, has already tried to lock him out of the

0:29:510:29:55

shop twice, and Ken's been forced to call for police backup to continue.

0:29:550:30:00

I just need a police officer here to prevent a breach of the peace.

0:30:000:30:04

They've already tried to shut the door on me.

0:30:040:30:08

Lilian, meanwhile, has decided she'd like an officer of her own.

0:30:080:30:12

I need a police officer,

0:30:120:30:14

but I want someone that actually knows the law on bailiffs.

0:30:140:30:18

Have you got a warrant?

0:30:180:30:20

Can I see?

0:30:200:30:22

It says writ of control. Is that a warrant?

0:30:240:30:27

It's not, but it does command Ken to attend the premises and demand

0:30:270:30:32

payment, or remove goods with the authority of the High Court.

0:30:320:30:36

It's to his considerable relief when the police arrive.

0:30:360:30:41

The lady owes some money. I've got a High Court writ of control.

0:30:410:30:44

She's unable to pay any money.

0:30:440:30:46

That's the actual copy of the order, court order.

0:30:460:30:50

Gives us authority to remove goods.

0:30:500:30:53

It's the duty of a police officer to assist an enforcement

0:30:530:30:57

agent in the execution of a writ.

0:30:570:30:59

Ken explains what he's going to do.

0:30:590:31:02

My job is I'm going to remove these dresses,

0:31:020:31:05

some of the dresses over there, into the boot of my car,

0:31:050:31:09

leave the lady a receipt for everything.

0:31:090:31:11

Then my job here is done.

0:31:110:31:13

You will go one by one listing, which is done, understand?

0:31:130:31:16

The woman is still complaining about procedure.

0:31:160:31:19

She is convinced that Ken isn't allowed to take her goods

0:31:190:31:24

away today.

0:31:240:31:25

I want somebody that knows the law,

0:31:280:31:30

a police officer that knows the law and knows where I'm coming from.

0:31:300:31:33

This is the first visit. You give the person writ of control,

0:31:330:31:36

which means the control of those goods.

0:31:360:31:39

And then I make an arrangement with them to pay. You understand?

0:31:390:31:42

A writ of control, however, is a civil matter

0:31:420:31:45

and the police officer's only role is to prevent anything

0:31:450:31:48

stopping Ken from carrying out his duty.

0:31:480:31:51

For all her talk of an arrangement,

0:31:510:31:53

she's refusing to offer any payment and Ken is left with little choice.

0:31:530:31:58

The lady's been told a long time ago this stuff is going to go.

0:31:580:32:02

She's still not come up with anything, not a penny.

0:32:020:32:05

I was hoping she was going to come up with something, but she hasn't.

0:32:050:32:09

So, you know, she's already tried to lock me out of the shop as well.

0:32:090:32:13

So as far as I'm concerned, the stuff's going in the back

0:32:130:32:16

of the vehicle and it's being taken to an auction house.

0:32:160:32:19

Going to get that done now.

0:32:190:32:21

Is this the door you tried to slam in my face?

0:32:270:32:30

You were forcing it.

0:32:300:32:32

Ken's not in the mood for further arguments.

0:32:320:32:35

He wants her goods and he wants to get out of here.

0:32:350:32:38

It's amazing what you can get in these estate cars.

0:32:380:32:41

Start getting these dresses out now.

0:32:410:32:44

No sooner has he got the first few in the boot

0:32:440:32:47

and the shop owner is trying to take them back.

0:32:470:32:50

Ken puts the second load in the back seat.

0:33:000:33:03

Removed goods are sold at public auction

0:33:100:33:13

and rarely reach anything like their retail value.

0:33:130:33:16

So Ken is having to take dresses worth far more than the debt.

0:33:160:33:21

But first, Ken has to find an auction house which would take them.

0:33:210:33:25

It sounds like the office has found one.

0:33:250:33:27

Perfect.

0:33:290:33:31

Right.

0:33:310:33:33

Hampstead? Even closer, yeah.

0:33:330:33:35

These will all be hanging up in about half an hour.

0:33:350:33:38

Ken heads back in to remove the last of the dresses.

0:33:410:33:44

But Ms Chidoka has other ideas.

0:33:440:33:47

Whoa, whoa, whoa!

0:33:470:33:49

BLEEP

0:33:510:33:53

You just assaulted him in front of two police officers.

0:33:560:33:59

You have done exactly what we're here to prevent.

0:33:590:34:02

All your dresses are now on the floor, OK?

0:34:020:34:05

Ken's pretty taken aback.

0:34:090:34:11

I was just grabbing some dresses, turned my back on the debtor

0:34:110:34:15

and the debtor has just punched me in the head.

0:34:150:34:18

From behind. So, she's just locked herself in a room at the back now.

0:34:180:34:22

My job here is done.

0:34:220:34:25

But she's just assaulted me.

0:34:250:34:27

The officers have had to arrest her.

0:34:270:34:29

One calls for transport to take her away.

0:34:290:34:32

She returns from the back room.

0:34:320:34:34

SIREN BLARES

0:34:390:34:43

Ms Chidoka was later given a caution for common assault.

0:34:430:34:47

Unsurprisingly, Ken's relieved this job is nearly over.

0:34:470:34:50

Never been assaulted before on a job.

0:34:510:34:54

Not like that.

0:34:540:34:55

Loads of verbal, but I've never been physically attacked before.

0:34:550:35:00

That's in 26 years, so I've done well, I guess.

0:35:000:35:04

It really surprised me.

0:35:110:35:13

She was moaning,

0:35:130:35:15

but you didn't think for one minute she would punch me in the ear.

0:35:150:35:19

There's just one last thing to do

0:35:190:35:21

and it's considerably less stressful.

0:35:210:35:24

Delivering the day's haul to the auction house.

0:35:240:35:27

All I need is to be able to hang them up

0:35:270:35:30

cos they can't just be left in a heap.

0:35:300:35:32

-Have you got coat hangers?

-I've got coat hangers.

0:35:320:35:36

13, 14...

0:35:380:35:41

If I don't see another dress in my life, it will be too soon.

0:35:410:35:45

I think they're hung up OK.

0:35:450:35:47

Yeah, as they were in the shop.

0:35:470:35:50

Yeah, all good.

0:35:500:35:52

Ken might have had enough of the dresses,

0:35:520:35:54

but the auction house manager is delighted with them.

0:35:540:35:57

We've never had dresses in, as far as I know, so it's going to

0:35:570:36:00

be very, very interesting to have a collection of...

0:36:000:36:04

How will we call them...? Evening gowns?

0:36:040:36:08

Or ballgowns?

0:36:080:36:09

Of various shapes, sizes and colours.

0:36:090:36:12

Nothing will be sold for seven days, giving Ms Chidoka a chance to

0:36:140:36:18

settle her debt instead and get her stock back.

0:36:180:36:21

If she doesn't, then the dresses will be auctioned to pay off her

0:36:210:36:25

debt and costs, with any additional proceeds paid back to her.

0:36:250:36:28

For Ken, it's been a tough day, so while he's here,

0:36:300:36:34

he decides he deserves a treat to cheer himself up.

0:36:340:36:36

My dog is a Hungarian Vizsla

0:36:370:36:40

and these are basically two stone effigies of my dog.

0:36:400:36:44

Front of the house, they'd look nice.

0:36:440:36:46

I might stick a cheeky reserve bid on them,

0:36:460:36:49

while I'm here.

0:36:490:36:51

It's been an extraordinary ordeal,

0:36:530:36:55

but it goes to show the lengths the sheriffs will go to in order

0:36:550:36:58

to get back the money their clients are owed.

0:36:580:37:02

It's been a long old day, from the start of us walking into the shop.

0:37:020:37:05

I'm shattered, to tell the truth.

0:37:050:37:06

I'm absolutely shattered cos it's been a hard day,

0:37:060:37:09

but it's been a successful day, I think.

0:37:090:37:12

Those dresses, I think they will fetch the value

0:37:120:37:16

and our clients get paid.

0:37:160:37:18

Ms Chidoka failed to pay within seven days

0:37:200:37:22

so several weeks later, the dresses were sold at auction.

0:37:220:37:26

Swikruti can now finally expect to get some of her money back.

0:37:260:37:29

It feels like a weight lifted off my shoulders.

0:37:290:37:33

It's a complete relief, really.

0:37:330:37:35

I was a bit worried when I heard that one of the sheriffs,

0:37:350:37:37

Ken, got assaulted.

0:37:370:37:40

I hope he's OK.

0:37:400:37:43

The knock to Ken's ear has left no lasting damage.

0:37:430:37:46

He's also now the proud owner of a pair of stone

0:37:460:37:49

Hungarian Vizslas, pictured here with Gunner.

0:37:490:37:52

Ms Chidoka said that...

0:37:560:37:59

As a result...

0:38:090:38:10

On a cold morning near the coast in Essex, Sheriffs Kev McNally

0:38:180:38:22

and Lawrence Grix are looking for money on behalf of a client

0:38:220:38:25

who's had a bit of car trouble.

0:38:250:38:28

He bought a second-hand motor that went wrong.

0:38:280:38:31

It's eight o'clock in the morning. We are in Leigh-on-Sea.

0:38:310:38:35

We're going to The Car Company. It's a car garage.

0:38:350:38:39

Our claimant is a Mr Don Merrifield.

0:38:390:38:41

He bought a car from here and the words are -

0:38:410:38:44

the car wasn't fit for purpose.

0:38:440:38:47

We'll head over there and see what we can do.

0:38:470:38:50

We are looking for £3,684.

0:38:500:38:52

Mr Merrifield took The Car Company to court.

0:38:590:39:02

They defended the case and the court arrived at a decision which

0:39:020:39:05

should have been the end of the matter.

0:39:050:39:08

The order was that our claimant deliver the car back to them

0:39:080:39:11

and on delivery of the vehicle, they would pay the money.

0:39:110:39:15

That clearly didn't happen.

0:39:170:39:19

Now, whether it was a case of our claimant didn't take the car

0:39:190:39:22

back, so they didn't pay him, or he took the car back,

0:39:220:39:26

they refused to pay him, so he drove off in the car again, I don't know.

0:39:260:39:30

Either way, Mr Merrifield has escalated the matter to the

0:39:300:39:34

High Court and Lawrence

0:39:340:39:36

and Kev's writ says The Car Company now needs to come up with the money.

0:39:360:39:40

And a quick look at the dealership reveals plenty of potential

0:39:400:39:44

assets parked up.

0:39:440:39:46

Yeah, there's cars on the front there.

0:39:460:39:49

All indications are at the moment that it's good.

0:39:490:39:52

But as they prepare to go to work,

0:39:520:39:55

it's the sheriffs' own vehicle that's giving Lawrence concerns.

0:39:550:39:58

He's spotted a traffic warden

0:39:580:40:00

and unsure of how long the job's going to take, turns on the charm.

0:40:000:40:04

-Morning. It's just we've got a High Court writ to execute...

-Yeah.

0:40:040:40:07

..on the car dealer just up the road there.

0:40:070:40:10

We don't know how long we're going to be.

0:40:100:40:12

Would you be able to cut us a bit of slack?

0:40:120:40:14

Give us a shout if you need us to move and we will do.

0:40:140:40:16

-OK, mate.

-Thanks very much, mate.

0:40:160:40:18

With the warden placated, the sheriffs head to the business.

0:40:200:40:23

They've got there before the staff have arrived,

0:40:230:40:25

so they use the time to have a look around.

0:40:250:40:28

-There's a few cars out the back.

-There's a fence there.

0:40:280:40:32

So this is ours. I would guess he probably parks in there, yeah.

0:40:320:40:35

There's tyre tracks. So I'm guessing they use the back gate.

0:40:350:40:39

But the sheriffs aren't going to get paid by hanging around outside,

0:40:390:40:44

so as soon as the staff arrive, they head in.

0:40:440:40:47

-You all right there, mate?

-Hello there.

0:40:470:40:50

-Are you the guv'nor, by any chance?

-No, I'm the manager.

0:40:500:40:52

-You're a manager?

-Yeah.

0:40:520:40:55

-My name's Mr Grix. My colleague and I are enforcement agents.

-Right.

0:40:550:40:59

We've got a High Court writ to execute against The Car Company,

0:40:590:41:02

-on behalf of a Don Merrifield.

-Right.

0:41:020:41:06

And we're here today to take control of goods to the value of £3,684.57.

0:41:060:41:11

Right.

0:41:110:41:13

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

0:41:130:41:16

-Right.

-Do you have the authority to deal with this?

0:41:160:41:19

I've got the owner, who is going to be about half an hour.

0:41:190:41:23

Are you able to get him on the phone and see if you can

0:41:230:41:26

gee him up at all?

0:41:260:41:28

He does, but once the owner is geed up, our camera is asked to leave.

0:41:300:41:35

The owner arrives shortly afterwards

0:41:380:41:40

and the sheriffs negotiate to get the claimant his nearly £3,700 back.

0:41:400:41:46

They also get to discover a bit more about what's gone on.

0:41:460:41:49

Basically, the car has been returned,

0:41:490:41:52

but it's got 8,000 miles on it more than when they sold it,

0:41:520:41:57

so they're saying - look, we were willing to accept the car back,

0:41:570:42:00

but we didn't know it had 8,000 miles on it. That's a bit much.

0:42:000:42:03

And when they pulled all their paperwork out,

0:42:030:42:06

they've got the cheque that they had ready for the guy for the amount.

0:42:060:42:09

But with the extra mileage on the clock, they refused to hand it over.

0:42:090:42:13

Court's ordered them to pay the money, they haven't paid the money.

0:42:130:42:16

Our claimant had to return the car, which he's done.

0:42:160:42:18

Albeit with 8,000 miles more on it.

0:42:180:42:21

They haven't lived up to their side of the bargain.

0:42:210:42:25

The garage says they're going to appeal the court's decision

0:42:250:42:29

to reduce the amount they have to pay.

0:42:290:42:31

And they're not best pleased to have a visit from the sheriffs today.

0:42:310:42:35

But for the claimant, Mr Merrifield,

0:42:350:42:39

will the dark clouds over Essex today have a silver lining?

0:42:390:42:42

That went very well, really.

0:42:440:42:46

They believe there should be some discount on what they're paying.

0:42:460:42:49

They've put in an application to set the judgment aside.

0:42:490:42:53

They haven't got a hearing date yet or anything,

0:42:530:42:55

so obviously that doesn't stop us from enforcing.

0:42:550:42:58

We had a High Court writ, we explained the situation to them

0:42:580:43:00

and they paid. They're now going to go and seek legal advice as to what

0:43:000:43:04

they can do next.

0:43:040:43:06

The Car Company didn't manage to get the judgment set aside

0:43:060:43:10

and Mr Merrifield has got the money the court says he was owed.

0:43:100:43:14

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