Episode 4 The Sheriffs Are Coming


Episode 4

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Transcript


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If you're owed money but aren't getting paid,

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it's time to call the sheriffs.

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

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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 of 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...

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You currently owe £9,461.80.

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

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If you don't come to the door,

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we'll 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...

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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 around like that. It needs to be done now.

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Just collected 42 grand.

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Coming up...

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The sheriffs eye up a luxury car

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belonging to the boss of a failed care home.

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Well, that's Mr Cooppen's Bentley, isn't it?

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It's secured with a clamp, and we'll be calling a recovery truck.

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Can the debtor raise the money in time?

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It needs to be paid in full, sir.

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I'm going to hand you back to your daughter now

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because I'm wasting me breath.

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John Clark's possessions went missing in a house move.

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My wife would've been devastated to find they were gone.

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Stuff that's been in the family

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for 100 years or more you can't replace.

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Can Ken get the removals company to pay him the compensation he's owed?

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We're shown the door and a lot more besides at a used-car dealers,

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but will the boss settle his debt?

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He's not going to pay until he gets that vehicle back.

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I've told him, "I'm not here to give you your vehicle back."

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And fishmonger Tony Allen was left all at sea after trying

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to help a fledgling business.

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I want to see every small business succeed, especially restaurants.

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And I felt completely let down and disappointed with the man.

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Can Lawrence and Kev get the money he's owed?

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Everything can go - cupboards, desks, chairs, computers...

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It's before dawn and enforcement agents Lawrence Grix

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and Kev McNally are on their way out of London.

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It's just after 6.00 in the morning. We are heading towards Surrey.

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They're looking for a Mr and Mrs Cooppen, the owners of two

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care homes which were forced to shut down due to poor quality of care.

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They owe £7,564 for unpaid wages to a former employee

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in the wake of the closures.

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The Cooppens didn't defend the case in court but nor have they paid up.

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Where we are going to is actually quite a nice...nice, big house.

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I'm led to believe it's in a gated community as well.

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So, we're hoping the gates are either open or we'll get in

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some other...some other method.

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It could just mean waiting for somebody to come in or out

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and then tailgating.

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As well as a plush house, it's thought the Cooppens may also own

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a plush car - a Bentley Continental spotted on their driveway.

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Looking for £7,500 here.

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A Bentley Continental should be enough to cover that,

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so we need to establish who owns that first.

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It's still pitch-black when the pair arrive.

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And the gated community is looking, well, gated.

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So they don't have a security guard here.

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With most people still in bed and the roads deserted, it could be

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a long wait before a passer-by can let them in, unless...

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It's not going to be as simple as walking round

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and pressing the button, is it?

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Oh, my God, it is.

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-What sort of security is that?

-HE LAUGHS

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The gated community has turned out to just be a private road.

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Getting in is pretty straightforward.

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And there's more good news too.

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Bentley's there.

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Lawrence wastes no time in getting stuck in.

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-It's going to be a little clamp on that one.

-Yeah.

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With a light on in the house, it looks like someone's home.

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Kev has to try to get the clamp on as quietly as possible

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without alerting them.

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-WHISPERS:

-These tyres are massive for this clamp.

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Is it going around?

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If it's not going all the way round, just stick it through the spokes.

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Once it's on, Lawrence issues the wake-up call.

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A woman answers the door.

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Morning. I'm looking for a Mr or Mrs Cooppen.

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They don't live here?

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But you do know them, yeah?

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

-OK.

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The woman shows ID which confirms she isn't Mrs Cooppen

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and orders our camera off the property.

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She's also being very vague about exactly who she is.

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Right, so how did you know the Cooppens?

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The woman will only say that she lives in the house,

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so her relationship to the debtors is unclear.

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But with the Cooppens apparently out of the country,

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the only thing Lawrence really needs to know

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is whether they have left any assets behind.

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That is Mr Cooppen's Bentley, isn't it?

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It's in your name, is that right?

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-Yes.

-It doesn't matter whose name it's in, it's who owns it.

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But the woman says it's hers.

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So, have you got proof of that?

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At the moment, it's secured with a clamp

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and we're going to be calling a recovery truck.

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The woman produces some paperwork

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which she says will prove she owns the car,

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except all it really shows is that it's been registered in her name

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in the last few weeks.

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She's come out with a registration document,

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which, as we all know, isn't proof of ownership.

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I believe she just had a provisional license anyway.

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It's rare for a learner driver to own a Bentley Continental.

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Nevertheless, the woman's sticking to her story

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and has gone to dig out some more documents.

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Meanwhile, Kev has spotted someone else at home.

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There's a guy wandering around upstairs at the moment.

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We haven't found out who he is yet.

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They're not in the country at the moment, who we're after,

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but they definitely live here when they come back, I would imagine.

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She hasn't said she's renting the property.

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The mystery woman is now on the phone to the police.

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And Lawrence is also making a call.

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Hello. I need a Bentley Continental GT picking up.

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Lawrence is convinced the Bentley's owned by Mr Cooppen.

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As it would sell for more than enough to pay back the care home

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worker's missing wages,

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he's ordered a recovery truck to take it away.

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The Bentley is going.

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Later on, we find out what happens

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when Lawrence gets a call from Mr Cooppen.

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No, it's got to be all of it, sir. The car is going then, sir.

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And there's a clue to the woman's identity.

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You gave the game away there having "mum" on your phone.

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If you've been ripped off,

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and the person or company responsible refuses to pay

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you back, the first step is to make a claim in the County Court.

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It's simple to do this online.

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For a small fee, depending on the size of the claim,

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the court will review the evidence.

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And if it finds in your favour, 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 grant

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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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Sheriff Ken Warby

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is also heading out of the capital into the commuter belt.

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It's a long drive, so he's brought some company.

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Oh, this is my travel buddy, yeah. He usually helps with directions.

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He's a Hungarian Vizsla. His name is Gunner.

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And he's a year old.

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With his cushion, his doggie seatbelt

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and regular toilet breaks, Gunner is more demanding than your average

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passenger, but at least he's no back-seat driver.

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Today, he's joining Ken in Buckinghamshire,

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looking for a debt owed by the boss of a removals firm.

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The debtor in this case is a Mr Colin Jones.

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He has been taken to court by an individual for lost items.

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The debt is totalling, after our fees, £6,200-odd.

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The case against Mr Jones was brought by John Clark,

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and it resulted from a house move which took place under already

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difficult circumstances, after John's wife had fallen ill.

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We were married in 1965.

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We've got one daughter.

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Got to be five years ago now,

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we realised something was wrong with her,

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because she started forgetting...various bits.

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And then everything sort of went downhill from there on.

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It wasn't long before John's wife was diagnosed with Alzheimer's.

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Now she doesn't know me, she doesn't speak, she doesn't...

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..doesn't know anybody. To see her as she is now, it's a bit hard.

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The illness means she needs full-time care

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and has had to move into specialist accommodation.

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At first, John remained in the family home.

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But as the months went on,

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he realised it would be best to sell up.

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She was taken away in the January of '13.

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That was the point I thought,

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"Well, what's the point in staying here?" You know?

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Big house like that, all the memories, all the parties

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and that that we'd had there.

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So, I decided to move back here, to Haddenham, where I was born.

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John enlisted the help of a local removal

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and storage business run by Colin Jones.

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But on the day he was supposed to be moving,

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he suffered an unfortunate accident.

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I fell down the stairs,

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landed on half of the boxes that I'd packed, ready to move.

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And that's how I ended up in Stoke Mandeville hospital

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when I was supposed to be moving.

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And so my stuff was moved from my house into storage.

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And then, after I came out of hospital and moved here,

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it was brought here.

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And after a few days, we began to realise that stuff was missing.

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And they weren't just small items.

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Microwave, kitchen table and four chairs...

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A hostess trolley, that went missing.

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All in all, there were more than 20 missing objects,

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including some antique ivory animals with sentimental value.

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They had been in my wife's family well over 100 years.

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I mean, my wife would've been devastated to find they were gone.

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A table and that sort of thing you can replace.

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But stuff that's been in the family for 100 years or more

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you can't replace.

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John assumed they must have been left in the removal firm's

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storage units, so he called them up to find out what had happened.

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I said the stuff was missing and, "OK, we'll look for it."

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I've been up to their depot two or three times.

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"Yeah, we're still looking for it," but it never did come to light.

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As hope of the items turning up faded, John instead made a claim

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for compensation from Mr Jones' insurers for £4,500.

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But it was rejected, with the reason coming as a total surprise.

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According to the insurance company, I'd given Colin Jones

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permission to take some of my stuff to a charity shop.

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Come on, I'm not going to pay somebody to store stuff

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and then give it to charity, am I?

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So now, instead of the items being lost in storage,

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he was being told they were given away.

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John's solicitor then advised him to do some charity shopping of his own.

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He suggested I do some investigating, which I did do,

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and I went round all the charity shops in Princes Risborough.

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And nobody there knew anything about any of these items.

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John's hopes of getting his stuff back or

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compensation from Mr Jones were now over.

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But he wasn't about to give up altogether.

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Why should these people get away with it?

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I mean, I just thought, "Well, no, listen, it's not on."

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I got straight on to the solicitors and we took it to court.

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John won his case by default after Mr Jones didn't enter a defence,

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but he still hasn't been paid and has now turned to the sheriffs.

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Yeah, I've seen the programmes on telly.

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They always seem to get the job sorted, so that's what I done.

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Ken and Gunner are on their way to see Mr Jones.

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And following the details Ken's been given,

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it looks like this is going to be a house call.

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It looks like this is a private address.

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Yep, it's a private address.

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Ken parks up and heads for the door. But is Mr Jones home?

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-Hiya.

-Hello. I need to speak to Colin Jones.

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Will he be here this evening?

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I'm actually from the court, but I can only really speak to Mr Jones

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regarding this case.

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Is it at all possible you can get him on the phone for me?

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-Can I speak to him?

-Yeah.

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Luckily, Mr Jones' wife is able to reach him right away.

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Mrs Jones explains there's a visitor on the doorstep.

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Mr Jones is in the doghouse.

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But on the plus side, he's working just down the road.

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Right, as soon as you can. Bye.

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When you say "Just down the road" -

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-literally like a minute away or something like that?

-Yeah.

-Oh, OK.

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-Two minutes.

-That's fine.

-Yeah?

-Thank you very much.

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And sure enough, Mr Jones soon shows up.

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Hello, Mr Jones? Sorry to ambush you like this, sir.

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My name is Mr Warby.

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Ken follows Mr Jones into the house,

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but our camera's not allowed in.

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Inside, he explains that he's here to take control of Mr Jones' goods

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to cover the more than £6,200 he owes.

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Unless, of course, he pays up.

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And as Ken comes out to get his card payment machine,

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it looks like he might.

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Hopefully, he's going to make a payment of £2,000,

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with the balance to be paid within 28 days.

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It doesn't turn out to be quite that simple.

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-Bye then.

-Take care. Bye, guys.

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But nevertheless, Ken is soon on his way.

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He tried to pay on the card, the card didn't work.

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And he's got his partner to do a bank transfer.

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He's getting his partner to do a bank transfer this evening.

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In the meantime,

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I've taken inventory of the personal items in the house.

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And although Ken is leaving without full payment,

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he's happy enough with the outcome.

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There's not many assets there and we're getting £2,000 today

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and the balance within 28 days.

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That's quite a good result.

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Mr Jones later settled the balance in full.

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And John Clark has got compensation for his missing possessions.

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I got an e-mail from my solicitor telling me that the sheriffs

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had got payment in full. Which is great news. I can...

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Maybe I can put this all behind me now.

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In Surrey, Lawrence and Kev are pursuing unpaid wages of more

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than £7,500 owed to a care-home worker.

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The debtors are the Cooppens,

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a couple that ran two care homes which have now been shut down.

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A woman staying at their house says the Cooppens now live abroad

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and claims she owns the Bentley on their driveway.

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Lawrence believes it's owned by Mr Cooppen

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and has called a tow truck to take it away.

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Only now there's a delay.

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Blimey. Okey dokey.

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A long delay.

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90 minutes.

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Kev parks the van in the entrance.

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And while they wait,

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Lawrence reads up about the closure of the care homes.

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"On Tuesday, the 25th, residents were evacuated

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"in their night clothes from Merok Park.

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"Inspectors were so shocked by the squalid conditions

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"that they ordered it to be closed immediately

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"and the pensioners ferried by ambulance to other homes.

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"Residents' families describe Merok Park as a pigsty.

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"Last night, they called for police investigation and demanded to know

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"why the Cooppens had been able to charge so much for such poor care."

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Mr and Mrs Cooppen were never prosecuted over the scandal

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and, it seems, have now left the country with unpaid debts.

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The sheriffs are here to collect.

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But they are now joined by other enforcement professionals

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called here by the house's occupant.

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Basically, we're looking for a couple named Mr and Mrs Cooppen.

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Apparently, they're not here, they're out of the country.

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So, we're basically taking the Bentley to clear the debt.

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The lady in there said, "Oh, it's mine." We've asked her for proof of

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ownership, she's gone back in and hasn't come back out.

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-If you want to wait here, we'll make contact...

-OK.

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..with her and see what she says.

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The police go inside to speak to the woman.

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But because Lawrence and Kev are there by order of the court,

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the police shouldn't prevent them from doing their job.

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We've advised her there's nothing we can do

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-about the seizure of the vehicle.

-Cos that's registered.

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Any issues, give us a call.

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-And sure enough, they're on their way.

-Thanks very much.

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-Have a good day.

-Thanks, guys. Thank you.

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Soon, the woman makes another appearance.

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This time, she's got the debtor, Mr Cooppen, on the phone.

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He also claims the Bentley belongs to her.

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To which lady? This lady with the provisional license?

0:18:350:18:38

It has nothing to do with council tax, this is a High Court writ.

0:18:390:18:43

A writ which it doesn't sound like Mr Cooppen is about to pay in full.

0:18:430:18:48

Right, well, the car's going then, sir.

0:18:480:18:51

No, it's got to be all of it, sir.

0:18:510:18:53

And with the extra costs of enforcement, the bill is rising.

0:18:530:18:58

You currently owe £9,461.80.

0:18:580:19:02

Mr Cooppen wants to make a smaller payment,

0:19:040:19:06

but Lawrence is in no mood to strike a deal.

0:19:060:19:09

No, sir. The car is going, then it will be sold

0:19:090:19:13

and you'll be paid any balance out of that.

0:19:130:19:16

No, it needs to be all of it.

0:19:160:19:19

It's the sheriffs' job to recover as much of the debt as possible.

0:19:190:19:22

And with a car worth about £30,000 sitting in front of them,

0:19:220:19:26

they're not going to accept any stalling.

0:19:260:19:29

Right, well, the car will be going, sir.

0:19:290:19:32

You'll have about a week to pay in full to get the car back

0:19:320:19:35

before it gets sold at auction.

0:19:350:19:37

No, it needs to be paid in full, sir.

0:19:370:19:39

I'm going to hand you back to your daughter now,

0:19:390:19:41

because I'm wasting me breath.

0:19:410:19:43

There you go. You gave the game away there having "mum" on your phone.

0:19:430:19:46

The debtor came up on the woman's phone as "mum",

0:19:470:19:51

so she is in fact the Cooppen's daughter.

0:19:510:19:53

And Lawrence is now more certain than ever the Bentley belongs

0:19:530:19:57

to her dad.

0:19:570:19:58

The owner of the vehicle is the person who actually buys it.

0:19:580:20:01

It doesn't matter what it says on the log book.

0:20:010:20:04

So he's the owner.

0:20:040:20:05

All they can do now is wait for the tow truck,

0:20:070:20:10

which finally arrives four hours after it was called.

0:20:100:20:14

Right, it's this Bentley here.

0:20:140:20:17

I'll move my van out of the way there, mate.

0:20:170:20:19

The guys swing into action.

0:20:190:20:22

After all the waiting around,

0:20:220:20:23

finally, the end of the job is in sight.

0:20:230:20:25

It should only take a couple of minutes to get it up there.

0:20:250:20:29

He'll just do his checks to make sure it's all nice and clean,

0:20:290:20:32

get it up and we'll be gone.

0:20:320:20:33

There's been no sign of the woman or the man inside the house

0:20:350:20:38

for hours now.

0:20:380:20:39

And even as the team prepare to lift the Bentley off the drive,

0:20:390:20:43

they are staying firmly out of sight.

0:20:430:20:46

The car is hoisted up,

0:20:460:20:47

checked for any damage...

0:20:470:20:50

Scratch there, and there's one along this side as well.

0:20:500:20:54

..and then it's job done.

0:20:540:20:55

Lovely. Cheers, mate.

0:20:550:20:58

The Cooppens will now have a week to pay nearly £9,900 to cover

0:20:580:21:03

the original debt plus costs, or else the Bentley will be sold.

0:21:030:21:08

For Lawrence and Kev, it's been a long morning.

0:21:100:21:12

It's one of those things, it took him four hours

0:21:120:21:15

cos he got stuck on the M25. It's nobody's fault.

0:21:150:21:17

And gannet, who's been desperate for food now for three hours 55,

0:21:170:21:22

has now wandered off on the phone and he's not in the van,

0:21:220:21:25

like, itching to get to some food.

0:21:250:21:28

Food? Hell, yeah!

0:21:280:21:29

Four days later, the Cooppens paid in full.

0:21:320:21:37

Their former employee received their missing wages

0:21:370:21:39

and the Bentley was returned.

0:21:390:21:41

Many of the sheriffs' cases arise from the sale of second-hand cars.

0:21:520:21:56

And just outside Stockport, Sheriff Alan Pennington

0:21:560:21:59

is about to enforce

0:21:590:22:01

a typical case against a company called Cheadle Car Sales Ltd.

0:22:010:22:06

The premises we're going to is on a retail estate.

0:22:060:22:09

I'm not really sure who I'm going to meet and what assets they've got.

0:22:090:22:14

Cheadle Car Sales was taken to the County Court by a customer

0:22:150:22:19

who'd bought a car they weren't happy with.

0:22:190:22:21

They won the case and the company was ordered to give them a refund

0:22:210:22:24

plus costs.

0:22:240:22:26

Eight weeks later, it still hasn't.

0:22:260:22:28

So now, with a High Court writ in his hand,

0:22:280:22:31

Alan is going to try to get the customer's money back.

0:22:310:22:35

We'll be there shortly, anyway.

0:22:350:22:36

And hopefully, we can meet up with someone from the premises

0:22:360:22:40

and try and get this case resolved for the claimant.

0:22:400:22:42

Cheadle Car Sales, there we are.

0:22:420:22:45

-Hello, fellas.

-Hey.

-Hello.

0:22:470:22:49

I'm an enforcement agent, I'm here to issue a High Court writ.

0:22:490:22:52

Is there anyone I can speak to?

0:22:520:22:55

-Is that camera on?

-Yeah.

0:22:550:22:57

At the sight of Alan and our camera,

0:22:580:23:01

the boss of Cheadle Car Sales, Mr Cawley, makes an appearance.

0:23:010:23:04

Yeah, what's it about?

0:23:040:23:06

Can I come in and have a chat with you in the office?

0:23:060:23:08

Yeah, without the camera.

0:23:080:23:10

Our camera's asked to leave.

0:23:130:23:15

And while Alan talks to Mr Cawley in his office,

0:23:150:23:19

the staff of Cheadle Car Sales start to show us a bit of cheek.

0:23:190:23:22

In fact, a lot of it.

0:23:240:23:26

Inside the garage, the boss is refusing to pay,

0:23:290:23:33

unless, that is, a certain condition is met,

0:23:330:23:36

as Alan explains to his office.

0:23:360:23:39

Basically, he wants to know what vehicle it is,

0:23:390:23:42

and he's not going to pay until he gets that vehicle back.

0:23:420:23:46

I've told him, "I'm not here to give you your vehicle back,

0:23:460:23:49

"I'm here to issue you a High Court writ."

0:23:490:23:52

Anticipating a standoff,

0:23:520:23:53

Alan tells the office he might need some backup.

0:23:530:23:56

There's about eight of them here.

0:23:560:23:58

And unless the police arrive...

0:23:580:24:00

I don't really want to get involved unless the police are here.

0:24:000:24:04

OK. Thanks a lot. Bye-bye. All right, cheers.

0:24:040:24:07

And while the boss leaves to run an errand,

0:24:080:24:11

Alan mulls over his options.

0:24:110:24:13

He's only going to pay if the car is returned.

0:24:130:24:15

He's going to come back

0:24:150:24:17

and then we'll go through the process of either having to call

0:24:170:24:22

the police to assist me and a low-loader

0:24:220:24:26

to take the vehicles away.

0:24:260:24:28

So, we'll find out in the next ten or 15 minutes,

0:24:290:24:33

when the gentleman comes back.

0:24:330:24:34

But when Mr Cawley returns, he hasn't changed his stance.

0:24:360:24:40

He now says he offered to fix the customer's car

0:24:400:24:43

when it first went wrong.

0:24:430:24:44

He still wants the vehicle returned as a point of principle

0:24:440:24:47

before he'll pay a penny.

0:24:470:24:49

As this isn't covered by the court order,

0:24:500:24:52

he's got no right to demand this.

0:24:520:24:54

But as it could be a way of avoiding an ugly showdown,

0:24:540:24:58

Alan thinks it's worth a shot and gets the claimant on the phone.

0:24:580:25:02

He's happy to pay out the full amount of money on the claim

0:25:030:25:06

if the car comes back.

0:25:060:25:08

What do you think?

0:25:080:25:10

The claimant says the car is undrivable and won't return it.

0:25:100:25:14

But as it's currently abandoned on their driveway,

0:25:140:25:17

they are willing for it to be picked up at the garage's expense.

0:25:170:25:20

All right. No problem. Thanks. Bye-bye.

0:25:200:25:24

Alan heads in to tell Mr Cawley that's the best he can do.

0:25:240:25:29

All right.

0:25:290:25:30

He'll either have to pay his debt and collect the claimant's vehicle

0:25:320:25:35

himself or else lose another car from his forecourt.

0:25:350:25:39

It has the desired effect.

0:25:390:25:41

Mr Cawley agrees to the deal.

0:25:410:25:43

But yet again, there's a catch.

0:25:430:25:46

His partner is in hospital

0:25:460:25:49

and she has the bank details

0:25:490:25:51

and apparently runs the admin side of the business.

0:25:510:25:54

So he can't pay today and is asking Alan to come back tomorrow.

0:25:560:26:00

It sounds like another excuse.

0:26:000:26:03

But given the situation, Alan thinks on this occasion it is

0:26:030:26:06

worth giving him the benefit of the doubt.

0:26:060:26:09

The gentleman is happy to pay.

0:26:090:26:12

I didn't see the point of any further confrontation.

0:26:120:26:15

So we've agreed to meet.

0:26:150:26:17

And if that's the case, tomorrow then all will be well

0:26:170:26:21

and done and the case will be closed.

0:26:210:26:24

Leaving without payment today might look like another bum deal

0:26:240:26:28

from the garage, but Alan's pragmatism pays off.

0:26:280:26:31

The following morning, Mr Cawley settled in full as promised.

0:26:310:26:35

The car was picked up from the customer

0:26:350:26:37

and they got their money back.

0:26:370:26:39

Sheriffs are now officially known as High Court enforcement agents,

0:26:400:26:43

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

0:26:430:26:46

My job is to collect in full or remove goods.

0:26:460:26:49

They've got more powers of entry than bailiffs.

0:26:490:26:52

We don't have to take any notice

0:26:520:26:53

of your security protocol, I'm afraid.

0:26:530:26:55

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

0:26:550:26:58

£1.6 million.

0:26:580:27:00

Their fees are set by the government,

0:27:000:27:03

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

0:27:030:27:06

Thank you very much. See you later.

0:27:060:27:08

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

0:27:090:27:12

there's a fee of £75 plus VAT.

0:27:120:27:14

It's just gone midday and Lawrence and Kev are in Putney, South London,

0:27:270:27:31

looking to recoup another unpaid debt.

0:27:310:27:33

We are going to WP&E Hospitality Ltd,

0:27:340:27:38

looking for £3,805.

0:27:380:27:42

Our client is Fish! Kitchen Ltd.

0:27:420:27:46

I believe this is for the supplying of fish.

0:27:460:27:50

They didn't pay for their fish.

0:27:530:27:55

WP&E Hospitality Ltd trade as The Lobster House,

0:27:570:28:01

a fish and seafood restaurant on the Thames.

0:28:010:28:04

Lawrence is always excited about going out for lunch.

0:28:050:28:08

Well, I believe this fish restaurant we're going to

0:28:080:28:11

is quite a nice plaice.

0:28:110:28:13

Wah, wah, waaah.

0:28:130:28:16

But you won't carp on about it, will you?

0:28:170:28:20

LAWRENCE LAUGHS

0:28:200:28:21

It's not the first time the sheriffs have visited a restaurant.

0:28:210:28:25

It's a business that's famously hard to make a success of,

0:28:250:28:28

as the claimant in this case also knows all too well.

0:28:280:28:32

Tony Allen is himself a chef with two restaurants

0:28:320:28:36

going by the name of The Fish! Kitchen,

0:28:360:28:38

but he originally built up his business as a fish supplier.

0:28:380:28:42

I was so disillusioned with the fact...

0:28:430:28:45

what I was getting in restaurants as a chef,

0:28:450:28:48

and I thought I could do a lot better.

0:28:480:28:50

Tony started buying better fish at the docks

0:28:510:28:54

and selling it to chefs he knew.

0:28:540:28:56

Within a few years, he was supplying 600 restaurants.

0:28:560:28:59

And at one point, he had his own TV show with Giorgio Locatelli.

0:28:590:29:03

But he's since scaled-down the wholesale side of the business,

0:29:030:29:07

preferring instead to source fish just for his own restaurants

0:29:070:29:11

and his fishmongers next door.

0:29:110:29:13

I wasn't interested in supplying restaurants.

0:29:130:29:15

For years, I was perhaps waiting anything from 30 to 90 days

0:29:150:29:19

for that revenue to come back and money to come in.

0:29:190:29:21

We do a couple of local restaurants that pay

0:29:210:29:24

when they come in and take their produce.

0:29:240:29:26

But really, we are a retail supplier.

0:29:260:29:28

But he recently got reeled back into the wholesale trade

0:29:290:29:34

when WP&E Hospitality Ltd came knocking on his door.

0:29:340:29:37

When they opened The Lobster House, the director, Mr Ling,

0:29:370:29:41

decided he wanted Tony to supply him and to pick his brains for advice.

0:29:410:29:45

The owner of the restaurant came in to see me.

0:29:450:29:48

I could see that he needed help.

0:29:480:29:50

We're not just fishmongers, I have restaurants of my own.

0:29:500:29:52

I've had a lovely experience in planning menus, balancing menus.

0:29:520:29:57

He appealed to my better nature.

0:29:570:29:58

You know, he met me next-door, he really wanted to buy off us.

0:29:580:30:01

I looked at this as a one-off,

0:30:010:30:03

and I wanted him to succeed, because we would've carried

0:30:030:30:06

on supplying him, we would've had a good business relationship.

0:30:060:30:09

And I thought I was helping him out, really.

0:30:090:30:11

Initially, WP&E Hospitality Ltd paid in cash.

0:30:130:30:17

But soon, they wanted credit.

0:30:170:30:19

After three or four months, he then phoned me

0:30:190:30:22

and said could he have an account.

0:30:220:30:24

I thought we'd built up enough trust.

0:30:240:30:26

At the same time, however,

0:30:270:30:29

Tony noticed not everything was hunky-dory with the new restaurant.

0:30:290:30:34

He was buying very sporadically.

0:30:340:30:36

And then I had a look at the stuff they were buying,

0:30:360:30:39

it didn't match the menu.

0:30:390:30:40

I could see that the chefs were changing,

0:30:400:30:42

the voices on the answering phone were completely different.

0:30:420:30:44

And that sent the alarm bells ringing, really.

0:30:440:30:47

Tony had seen the writing on the wall.

0:30:470:30:50

And soon after, he was reminded why he didn't want to supply

0:30:500:30:53

restaurants in the first place.

0:30:530:30:55

We hadn't been paid for two months,

0:30:550:30:57

and I asked him to come in to see me.

0:30:570:30:59

I explained to him, "I can't really supply you any more."

0:30:590:31:02

And he said, "OK, I'll send you a cheque." He never did.

0:31:020:31:06

I phoned him two or three times,

0:31:060:31:08

I even went over to the restaurant to see him.

0:31:080:31:10

I spoke to Chris, my finance director,

0:31:100:31:13

and I said to him that, "We've got to take legal action."

0:31:130:31:16

Before that, Chris tried to sort the matter out himself,

0:31:180:31:21

but he had no more luck than Tony.

0:31:210:31:23

It was very frustrating.

0:31:230:31:25

We had to make several phone calls, send e-mails,

0:31:250:31:28

none of which were replied to.

0:31:280:31:31

When I did actually finally get to speak to the defendant,

0:31:310:31:37

he indicated that there wasn't any more money in the business

0:31:370:31:41

and that he was looking for further funding from abroad,

0:31:410:31:44

which was due within a month or two.

0:31:440:31:47

At this point, The Lobster House owed over £2,500.

0:31:480:31:52

Before the case went to court, WP&E Hospitality Ltd had

0:31:550:31:59

one last chance to reach an agreement with Tony and Chris.

0:31:590:32:03

We had mediation beforehand and he offered between £800, £900.

0:32:030:32:08

£900, you know, I could've taken that. But it's not the money.

0:32:080:32:12

Normally, it would be the money, not the principle.

0:32:120:32:14

But this time it was the principle

0:32:140:32:15

for the amount of time and effort I put in to help the man.

0:32:150:32:19

After Tony declined the offer, the case was heard in court.

0:32:200:32:23

Fish! Kitchen won and WP&E Hospitality

0:32:230:32:27

was ordered to pay the full amount.

0:32:270:32:29

Only Tony hasn't seen a penny.

0:32:290:32:33

And now the best we can hope for

0:32:330:32:35

is that the sheriffs actually produce.

0:32:350:32:37

They've got a very difficult job on this one.

0:32:370:32:40

But if anyone can get his money back, it's Lawrence and Kev,

0:32:450:32:49

and they're headed to The Lobster House,

0:32:490:32:51

hoping to meet its director, Mr Ling.

0:32:510:32:54

-That's it.

-The Lobster House?

-Yes.

0:32:540:32:57

The building is unmistakable.

0:33:010:33:03

But peering through the window, it doesn't look promising.

0:33:030:33:06

-They're not open anyway.

-It's being refurbed.

0:33:060:33:09

The front entrance is locked.

0:33:090:33:11

But around the back, someone comes to the door.

0:33:110:33:15

Hello there. My name's Mr Grix.

0:33:150:33:16

-My colleague and I are enforcement agents.

-All right.

0:33:160:33:19

We've got a High Court writ against WP&E Hospitality Ltd,

0:33:190:33:24

trading as The Lobster House.

0:33:240:33:26

The woman says The Lobster House have moved out.

0:33:260:33:29

She's currently setting up a new Mediterranean restaurant.

0:33:290:33:33

Have you not been here long?

0:33:330:33:34

So are you a new company, are you?

0:33:360:33:39

Yeah, sure, cheers.

0:33:390:33:40

Given they only moved out recently, Lawrence needs to make sure that

0:33:400:33:45

none of WP&E Hospitality Ltd's goods are still on the premises.

0:33:450:33:49

You rent the building, but you've bought all the fixtures

0:33:490:33:51

and fittings, have you?

0:33:510:33:53

Yes.

0:33:530:33:54

So who was that money to?

0:33:540:33:55

So he's basically sold you the bits and pieces and moved out?

0:33:570:34:02

The woman hasn't got paperwork to hand to prove what she's saying,

0:34:040:34:08

but Lawrence is happy enough.

0:34:080:34:10

I completely believe what you're saying.

0:34:100:34:13

And you can see it is being refurbished.

0:34:130:34:15

As he will still need to see proof, he asked the woman to send

0:34:160:34:20

her paperwork through to the sheriffs' office.

0:34:200:34:22

And he has got some advice for the new restaurant.

0:34:220:34:25

Once you've got this paperwork together,

0:34:250:34:28

have them all to hand so you that

0:34:280:34:31

if you do get any more enforcement agents coming round for

0:34:310:34:34

-whatever debt, you can say, "Look, this is us, we took over then."

-OK.

0:34:340:34:38

-And they'll be gone quicker than us.

-OK.

0:34:380:34:40

-OK?

-See you later, have a good day.

0:34:400:34:42

With no debtor and no assets,

0:34:440:34:46

there is nothing more the sheriffs can do today.

0:34:460:34:48

They don't give up easily, though.

0:34:480:34:51

And six weeks later, Kev's been able to dredge up some new information.

0:34:510:34:56

I did a bit of research, I've come up with this new address for them.

0:34:560:35:00

So we'll go here today,

0:35:000:35:01

see if we can have more luck here than we did before.

0:35:010:35:05

It's another nibble on the line.

0:35:050:35:07

But the sheriffs know from experience

0:35:070:35:09

not to get their hopes up.

0:35:090:35:11

If the restaurant has shut, the company could well

0:35:110:35:14

be in financial trouble, and the new address might not bear any fruit.

0:35:140:35:18

It's more likely to be a director's home address

0:35:180:35:21

or a registered office.

0:35:210:35:23

If they've gone from the trading address,

0:35:230:35:25

it's unlikely you'll find assets anywhere else.

0:35:250:35:28

They arrive at the address. But it is not obvious how to get in.

0:35:310:35:35

Luckily, a man in a neighbouring unit has arrived at the same time.

0:35:370:35:41

-Looking for 1B.

-Oh, that's upstairs.

-That's upstairs, is it?

0:35:410:35:44

-Is that through that door there, is it?

-Hm.

0:35:440:35:46

-Are you just about to open that?

-I am.

-Excellent news for us.

0:35:460:35:50

Lovely. Cheers.

0:35:500:35:52

Having charmed his way in,

0:35:540:35:55

Lawrence makes his way to the 1B office.

0:35:550:35:58

Morning. Hi there, I'm looking for WP&E Hospitality Ltd.

0:35:590:36:03

You are an office acting for them?

0:36:050:36:06

In what capacity?

0:36:060:36:08

So, what's the name of your business, sir?

0:36:120:36:14

The man says this is just WP&E Hospitality Ltd's

0:36:160:36:20

registered address and that he runs a separate company.

0:36:200:36:24

Lawrence isn't yet convinced that he has nothing to do with the debt.

0:36:240:36:29

Are the two companies connected at all?

0:36:290:36:31

So are you a director of both companies?

0:36:320:36:34

Right. Now we're getting somewhere.

0:36:340:36:37

It's Mr Ling,

0:36:380:36:40

the man Tony said he helped with The Lobster House's menus.

0:36:400:36:44

We are here today with a High Court writ

0:36:440:36:47

-on behalf of Fish! Kitchen Limited...

-Yeah.

0:36:470:36:51

..we are ordered to take control of goods to the value of £3,851.78.

0:36:510:36:56

You're responsible, sir. So how would you like to pay?

0:36:560:36:59

Have you got cash here or would you like to pay on a card?

0:36:590:37:01

Bank transfer?

0:37:010:37:03

But Mr Ling doesn't want to pay.

0:37:030:37:06

Yes.

0:37:080:37:09

So, you haven't had the money for the restaurant yet?

0:37:110:37:14

Right, so you're telling me the company's got no money?

0:37:140:37:17

Right, well, I'll have to take control of assets then.

0:37:170:37:20

Just as Lawrence feared,

0:37:200:37:22

Mr Ling says that WP&E Hospitality is broke.

0:37:220:37:26

What's more, he claims it doesn't own anything in this office.

0:37:270:37:31

Lawrence will need to see proof.

0:37:310:37:33

If you can't prove today that it belongs to FM Europe Ltd,

0:37:330:37:36

we will be taking it.

0:37:360:37:38

Everything can go - cupboards, desks, chairs, computers...

0:37:380:37:42

Mr Ling starts to look through his receipts.

0:37:440:37:47

But the sheriffs don't really want the stuff here

0:37:470:37:50

as its value wouldn't cover the cost of removing it.

0:37:500:37:53

They're hoping the threat will convince him to pay up.

0:37:530:37:56

It seems, however, that Mr Ling genuinely can't.

0:37:560:37:59

He shows Lawrence the company's bank statement.

0:37:590:38:02

All right, OK.

0:38:080:38:09

So you can't come up with any funds today?

0:38:090:38:12

Right. So now we come back...

0:38:130:38:14

Mr Ling says he's expecting some money to come in

0:38:140:38:17

from the sale of the restaurant in the next couple of weeks.

0:38:170:38:20

Lawrence isn't going to waste his afternoon emptying this tiny

0:38:200:38:23

office, so instead, he lists the goods and Mr Ling promises to

0:38:230:38:27

pay when his money comes through.

0:38:270:38:30

Right, this is your control goods agreement.

0:38:300:38:33

OK, so the agreement is payment in full by the 14th of December.

0:38:330:38:37

-Yeah, right.

-OK? So you need to sign, print and date that.

0:38:370:38:41

OK? Bye-bye.

0:38:410:38:43

And with that, they head for home.

0:38:460:38:48

There was no assets there, that's the biggest trouble you've got.

0:38:500:38:52

It would never be worth removing for a job like that,

0:38:520:38:56

so there's not a lot you can do.

0:38:560:38:58

We saw his bank account.

0:38:580:38:59

So it's sort of hitting your head

0:38:590:39:01

against a brick wall on that one a little bit.

0:39:010:39:03

The only thing we can hope for is when he does get his money

0:39:030:39:06

for the sale of the restaurant, that he pays then.

0:39:060:39:09

What happened to the money from the sale of the restaurant,

0:39:130:39:16

though, is unclear.

0:39:160:39:17

Shortly after the sheriffs' visit, WP&E Hospitality Ltd went

0:39:170:39:22

into liquidation and Mr Ling hasn't settled the debt to Fish! Kitchen.

0:39:220:39:26

We won't be receiving our money. And, obviously, we're disappointed.

0:39:290:39:34

But I think, myself and Chris,

0:39:340:39:37

are resigning to the fact that we wasn't going to get paid.

0:39:370:39:40

One of those things in business. These things happen all the time.

0:39:400:39:44

Put a line under this now and move on.

0:39:440:39:46

In Hertfordshire, Ken Warby is on his way to execute

0:39:560:40:00

a writ at a company called Novo Cucine.

0:40:000:40:03

I believe they fit kitchens.

0:40:030:40:05

And I believe the claimant on this one

0:40:050:40:09

is just a disgruntled customer.

0:40:090:40:13

A debt of just over £2,500.

0:40:130:40:17

Novo Cucine were taken to court by a Mr Michael Quane,

0:40:170:40:21

who won his case by default after the company offered no defence.

0:40:210:40:25

This type of case is bread-and-butter stuff

0:40:260:40:28

for the sheriffs. Ken's visited many a kitchen fitter in his time

0:40:280:40:32

and has become something of a connoisseur.

0:40:320:40:35

Kitchen places, mostly are dummy kitchens fitted.

0:40:350:40:40

Occasionally, you'll get cookers, fridges, freezers,

0:40:400:40:44

that sort of thing that you are able to remove. They just vary.

0:40:440:40:48

Sometimes they can be really posh,

0:40:480:40:50

other times a bit crummy, so...

0:40:500:40:52

You can never tell.

0:40:530:40:55

Ken reckons that if it's the posh type with swanky appliances,

0:40:560:41:00

then his chances of getting paid are pretty good.

0:41:000:41:03

So, when he arrives to find a large, modern building, he's optimistic.

0:41:030:41:08

When he goes in, it's exactly what he hoped for -

0:41:080:41:11

a big showroom with plenty of assets.

0:41:110:41:14

Staff, on the other hand, are harder to track down.

0:41:140:41:18

Hello?

0:41:200:41:21

Ken heads upstairs to see if he can find someone to speak to.

0:41:210:41:25

Hello?

0:41:250:41:27

Hello. My name is Mr Warby, I'm from the sheriffs' office.

0:41:270:41:31

Can you not get that away from my face? Sorry, I don't want to...

0:41:310:41:34

The woman asks us to not film her and she says that the boss is away.

0:41:340:41:38

Any chance you can get him on the phone?

0:41:380:41:40

Can you get him on the phone abroad then?

0:41:420:41:44

Another member of staff now arrives.

0:41:460:41:49

And our camera's asked to leave.

0:41:490:41:50

After seeing the details of the writ,

0:41:520:41:54

it seems the staff are aware of the case, as Ken explains outside.

0:41:540:42:00

The claimant wanted a kitchen, he made a deposit.

0:42:000:42:03

There was a contract, but he never signed it.

0:42:030:42:06

When Mr Quane changed his mind and tried to cancel,

0:42:060:42:09

the company wouldn't let him,

0:42:090:42:11

so he made a claim through the County Court.

0:42:110:42:13

After winning his case, he should have been paid back

0:42:130:42:16

and now Ken is here to collect.

0:42:160:42:18

With plenty of assets in the showroom,

0:42:180:42:21

he's pretty sure it won't take long, and he's not wrong.

0:42:210:42:25

Unfortunately, they don't have the means to pay there,

0:42:260:42:30

but the MD did.

0:42:300:42:31

I spoke to him abroad. He's in Croatia.

0:42:310:42:35

And I told him that he needs to pay the balance in full,

0:42:350:42:37

otherwise we will be removing the goods today.

0:42:370:42:40

So he has made a bank transfer for the full amount of £2,696.99.

0:42:400:42:48

I just checked with the office, that's gone through.

0:42:480:42:50

So a good result in the end.

0:42:500:42:54

The customer, Mr Quane, has got his money back.

0:42:540:42:57

And it's another case closed for the sheriffs.

0:42:570:43:01

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