Episode 5 The Sheriffs Are Coming


Episode 5

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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 courts.

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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 have to remove the vehicle off the drive.

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You'll have 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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I just collected 42 grand.

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Coming up - when Stephen McKinnon moved to London,

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he was messed around by a lettings agent.

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'I came home one day'

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and there was another person living in the living room.

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At this point, I'd had enough.

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His deposit was never refunded. Can the sheriffs get him his money?

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As we're here now with a High Court warrant

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we have to insist on full payment.

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Mechanic Dilwyn Stoole was sold a duff second-hand engine.

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It was in a dreadful state. The sump was smashed.

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There were parts of the engine broke.

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It really wasn't the engine that these people had promised me.

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But when the sheriffs enter the scrapyard which sold it to him,

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things get nasty.

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It's a dangerous place where you are, Mr Khan.

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Tommy and Craig pay a visit to one of the country's best known

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engineering firms.

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Can they get the money owed to a former worker?

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I need to speak to someone in finance. Is that possible?

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And when a businessman claims he's stopped trading...

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-Right, when was the company dissolved?

-A few weeks ago.

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..Lawrence and Kev turn detective.

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Got milk.

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And there's only one day's worth of post there.

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I would think there's potentially assets behind that shutter.

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In London, enforcement agent Ken Warby is headed

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to a lettings agents in Camden.

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We're on our way to a place called Education For London Limited,

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trading as London Homes.

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The claimant has got a judgment against them

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for withholding a tenancy deposit.

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It's just over £5,000.

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The claimant is Stephen McKinnon.

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The saga began when he moved to London from his native Scotland.

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I'm actually from Glasgow. I do like to travel.

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Lived in Greece for a while.

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Travel quite a lot to America and Europe.

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So, I decided to move to London,

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one of the biggest cities in the world.

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He'd got a new job, but needed somewhere to live

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and found property hunting in the capital a daunting experience.

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Compared to the prices back home...

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you know, I could get a mansion back home for the price of a studio here.

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Online he managed to find a two-bedroom flat-share

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he liked the look of in Belsize Park in the north-west of the city,

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and arranged a viewing with the agents - London Homes.

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Based in Camden,

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they're not to be confused with any other company of a similar name.

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The flat seemed perfect.

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It was a good size, it was a nice area that I liked.

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It was close to the Tube for work.

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The agreement was that I had my double room

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which was for my sole purpose

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and it was shared living room and separate kitchen.

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And there was another couple sharing another room

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in the property which I was fully aware of.

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By the time I got on the Tube back to work,

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I'd decided that was going to be the flat for me.

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He signed a tenancy agreement and arranged to move in.

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But the welcome into his new home, didn't go as planned.

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I got the keys on the way to work.

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And then by the time I got home it was about 1.00,

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and it was the first time I'd been in the property since I viewed it.

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And I put the key in the door

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and opened the door and the chain was locked from the inside.

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They hadn't told the other tenants who were there that I was moving in.

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It turned out to be the first in a long line of problems

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with London Homes.

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About three weeks later,

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I had someone come to the door from one of the energy companies,

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basically telling us that the bills hadn't been paid

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for the property and therefore

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they were coming to switch off the electricity and the gas.

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The bills were supposed to be paid by the agents

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as part of the contract.

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Then there were the unwelcome wake-up calls.

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Contractors coming at 8.00 in the morning,

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basically coming to do work we didn't know anything about.

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There was no warning, no nothing.

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Basically just came in with their own keys

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and started drilling holes into walls.

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Far away from home and just a month into his contract -

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Stephen was finding the flat unbearable.

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It's supposed to be a flat that I can enjoy privacy and whatever

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else and, you know, there was a lot of people in and out

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and basically just turning up as and when.

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So I was starting to panic at this point.

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And things were about to get worse.

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I came home one day

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and there was another person living in the living room.

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Yes, the agent had rented it out.

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There was now four people living in a two-bedroom flat.

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At this point, I had had enough.

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He tried to raise the issues with the agent, but with little success.

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Basically just stopped talking to me.

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They stopped replying to e-mails, they wouldn't take my calls.

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And it got to the point where I just got fed up

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and basically said to them I would really like to end the contract

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and move out the flat.

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I tried to come to some kind of agreement with them

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about the rent, they basically said that I had a contract

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and they hadn't broken their contract.

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And that that was that.

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So, I eventually just cleaned the flat, took the keys back,

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got them to sign just to say I've returned the keys

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and I moved out a month earlier than I was supposed to.

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Nevertheless, Stephen honoured his side of the contract

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and paid the final month's rent, leaving him out of pocket.

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Then there was his deposit.

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I was expecting my deposit to be returned,

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cos the flat was in the same condition as it was when I moved in.

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And I expected to receive that within maybe two or three weeks

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of moving out of the property, if not sooner.

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But...that didn't happen.

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That left him another £1,000 down.

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Time, he thought, to pay a visit to London Homes in person.

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So I decided just to go down to the agents

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and try and speak to the manager.

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The manager basically came and spoke to me.

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Halfway through the conversation, she got up and left

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and went into the back office and never returned.

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So I was sitting for about 20 minutes,

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waiting for her to come back out

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and eventually I had to ask someone else, you know, "Where is she?

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"What's happening? Is she coming back out?"

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And they told me she was in a meeting

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and wouldn't be able to continue the conversation.

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Despite a number of e-mails and calls to the office,

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Stephen never heard any more about his deposit

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which had a huge impact on him personally.

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The deposit that they had on hold for me

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would've gone onto another property.

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Not receiving that money made it very difficult

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to the fact that I ended up moving back to Scotland.

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But Stephen hadn't given up on his money.

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And after doing some research, he realised that the agents

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should have put his deposit

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into a government-backed protection scheme, only they hadn't.

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I was obviously quite angry that they hadn't followed, you know,

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followed the legal procedure that they should've done.

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So, where my money went, I don't know.

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I presume it's in the company's bank account.

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But, you know, it should've been protected for me.

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On the plus side, that meant he was entitled to compensation -

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up to three times the value of the deposit.

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The only way to get it though,

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would be to take the lettings agent to court.

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When the company didn't defend the case,

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he got the outcome he wanted.

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We then got a letter from the courts,

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basically to say that the judge had awarded the judgment in my favour,

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which was absolutely fantastic after...

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This is now nine months after I moved out of the flat.

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So, it just felt, you know, that I was getting somewhere with it.

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The court ordered that he be paid back his last month's rent,

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his deposit and compensation.

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But London Homes never paid.

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I've now contacted the sheriffs.

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And hopefully, if they do what they say that can do on their website,

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I'll be ecstatic, because they are basically my last hope.

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The company which owes Stephen money

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is actually Education For London Limited,

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which trades as London Homes

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from their office in Camden.

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Sheriff Ken Warby is on his way there now

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to try to get the debt paid

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and he's anticipating a tricky job.

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As it's an estate agents,

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chances are you're not going to get too much

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in the way of assets there.

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Usually the odd PC, bit of office equipment.

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But we'll see how it goes when we get there.

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Ken's North London patch has its unique challenges.

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There's no parking outside the business.

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Let's have a look here.

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No, no, no.

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The joys of working in London.

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There we go, yeah. We can park here.

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Ah, that's not going to happen, is it?

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-Second time around the block.

-Ah, yeah.

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Bingo.

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After managing to bag a space, he heads in.

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The staff are busy with customers.

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Ken's in no mood to hang around in the queue.

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Excuse me, sir. Sorry to bother you. Is there anyone in charge here?

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I don't have an appointment, no,

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I just need to speak to the person in charge here.

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-Yes, sir, are you in charge?

-No.

-You're not?

-No.

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There appears to be some confusion.

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Nonetheless, the man seems willing to help.

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I need to speak to someone at Education For London Limited.

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-Yeah, yeah, we are they.

-That's you?

-Yes.

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Right, OK, my name's Mr Warby.

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An individual called Stephen McKinnon has a judgment

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against the company for, originally, £5,146. Do you know about this?

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At first, the man says he knows nothing about the case.

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But Ken is able to jog his memory.

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You remember the name now, yes?

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Well, I'm here now for the money in full.

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So, that's where we are.

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Do you make the...

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Can you get him on the phone?

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OK, thank you.

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The boss of the company is apparently out to lunch.

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But the staff appear to be co-operative.

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They're going to get the boss on the phone and explain why I'm here.

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I've told him I need payment in full now,

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so we'll see where we go with that.

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The boss can't be reached.

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Instead, Ken is introduced to another senior staff member.

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-Hi, how are you?

-Hello.

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-Hi, my name is Alejandra.

-Hello, I'm Mr Warby.

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The woman says the company knew the tenant had been to court -

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but she says they didn't know the final details of the payment

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they needed to make. It also sounds like she can't pay today.

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Of course.

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The problem you've got is if you don't pay,

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I have to list the items, and organise removal of them.

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The woman is asking if they can pay in instalments.

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But Ken is holding his ground.

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The situation's this.

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As we're here now with a High Court warrant, we have to execute it.

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Unfortunately, we have to insist on full payment.

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What are you able to pay now?

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The woman does seem willing to pay -

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and with a substantial offer on the table

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and few sizeable assets to remove in the office -

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Ken is now willing to consider it.

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OK, so you make the first payment, that would be 3,270.06.

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When are you looking to clear the balance of 3,270?

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On the 16th of this month.

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Yeah, OK.

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-It will not kill me that much.

-I can agree to that.

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-I can agree to it. Everyone's happy.

-Yes.

-That's cool.

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OK.

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They've struck a deal - and it looks like half of the money

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owed will be paid today - with the rest to follow in a week's time.

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But to be on the safe side, Ken will also get them

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to sign a controlled goods agreement for the assets here.

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I have to list items here as well and...

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In case you don't do it and then we come back.

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-LAUGHING:

-Don't worry.

-It's not going to happen,

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I understand that. It's just something we have to do.

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Meanwhile, the employee gives his side of the story

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of how the writ came about.

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In this case, the court clarified that Stephen was owed more

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than £5,000 - the man claims the company was never told.

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Additional fees and interest mean the bill's now more than £6,500 -

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with the company stumping up half today.

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-KEN LAUGHS

-That's all right, sir, thank you.

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What a nice chap.

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-Thank you very much for being so nice about that.

-Pleasure. Bye.

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Bye-bye.

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All in all, it's been a successful visit.

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That's a good deal.

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They happily paid the half, I've taken that

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and I'm pretty convinced they'll pay the balance within seven days.

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London Homes did pay the balance

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and Stephen McKinnon got his money back.

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I'd just like to say thanks to the sheriffs,

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they've done exactly what they said they'd do.

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I've received all the money that was due back to me,

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so I'm absolutely ecstatic. It's been a long year.

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His message to other people is don't be put off.

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I've done all this without any help from, you know, lawyers,

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done a lot of research myself.

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And it just shows you that if you took the time and patience,

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you know, you can win.

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If you've been ripped off

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and the person or company responsible 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.

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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 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,

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the High Court will grant a writ

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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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It's 9am and Craig Wild and Tommy Coyle are in the van

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travelling through the East Midlands.

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They're on their way to see a household name

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normally thought of as the best of British.

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Rolls-Royce, in fact.

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Rolls-Royce owes money as a result of a personal injury claim

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made by a former worker who suffered hearing loss

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from operating machinery.

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Although the company settled the majority of the claim,

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some legal costs are outstanding.

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£1,500. We're off there now to try and get the money.

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It's the aerospace division of the business

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that the sheriffs are visiting,

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but the name on the writ is just one part

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of a complex company structure.

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It's Rolls-Royce Industrial Power Engineering

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(Overseas Projects) Limited.

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So, we've done a bit of digging.

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It is, as a limited company, non-trading,

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but it's part of a group of companies belonging to Rolls-Royce.

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This'll be a massive place, mate.

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I've got a feeling it's going to be big, yeah.

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It's not long before the Rolls-Royce complex comes into view.

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-Big, old place, this, isn't it?

-It's all that over there.

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We want the main reception, don't we?

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The site's huge,

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so finding the right person to deal with is not going to be easy.

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Time to start knocking on doors.

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Hello there, sir. I'm an enforcement agent.

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Can I speak to someone from finance?

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-G wing?

-G wing.

-How do I get there?

-Turn left.

-Turn left.

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-And head through this way.

-Brilliant. OK, thank you very much.

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Simple, easy-to-follow directions.

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-Are you sure it's the G wing or G zone?

-G something.

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G zone, G wing or something.

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-G something like that, though, isn't it?

-Yeah, I think so.

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-Is it that way or this way?

-This way. This way, mate.

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C wing, this is. I'm sure he said G wing.

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-Well, we'll try.

-We'll ask in here.

0:17:090:17:11

It's just...it's getting through to the right person, isn't it?

0:17:120:17:15

-Somewhere this big.

-These places always are, aren't they?

0:17:150:17:19

Hello there. I need to speak to someone in finance.

0:17:190:17:22

Is that possible?

0:17:220:17:23

I don't think they do, no.

0:17:250:17:27

They're not going to know I'm here, no.

0:17:270:17:29

Thank you.

0:17:320:17:34

Despite being in the wrong wing, the sheriffs are offered a seat

0:17:350:17:39

and promised someone will come along to deal with them.

0:17:390:17:41

I think he's finding whoever authorised that initial payment.

0:17:410:17:46

They'll be aware of the payment, hopefully,

0:17:460:17:48

and then they can just sort out the balance.

0:17:480:17:50

As an £11,500 payment's already been made towards the claim,

0:17:500:17:54

the guys are hoping the finance department

0:17:540:17:57

will know the details of the case, but it might not be that simple.

0:17:570:18:01

Most people go, "Yeah, I remember him cos it's 11.5 Gs,"

0:18:010:18:04

but 11.5 Gs to these is small change.

0:18:040:18:06

Moments later, we're asked to stop filming...

0:18:070:18:10

..and we have to leave.

0:18:120:18:14

After an hour of talking to various company representatives,

0:18:170:18:20

Craig comes outside to update us.

0:18:200:18:23

As we thought,

0:18:230:18:24

we've had to go through several layers of the hierarchy.

0:18:240:18:27

They've found the details.

0:18:270:18:29

The majority of the actual payment was made by Rolls-Royce's insurers.

0:18:290:18:33

However, they've neglected to pay the court costs for the claimant.

0:18:330:18:38

As the matter was being dealt with by its insurers,

0:18:390:18:41

the Rolls-Royce staff are unsure why it hadn't been settled in full,

0:18:410:18:45

but they've agreed to look into it and an hour and a half later,

0:18:450:18:49

Tommy and Craig are back.

0:18:490:18:51

It's all about talking to the right person and going up the chain.

0:18:510:18:55

Yeah, we took some time, eventually got the company lawyer down.

0:18:550:18:58

He agreed this needs to be paid.

0:18:580:19:00

And now it has been, in full.

0:19:010:19:04

It's another successful result for the sheriffs.

0:19:040:19:07

If we have the writ,

0:19:090:19:10

the court's saying you have to pay it, and you will pay it.

0:19:100:19:14

Rolls-Royce told us, "Once we were made aware of the oversight

0:19:150:19:19

"that led to the non-payment in this case, we..."

0:19:190:19:21

High Court enforcement agents are no strangers

0:19:440:19:46

to a bit of detective work.

0:19:460:19:48

Unsurprisingly, some debtors aren't keen to pay up

0:19:480:19:51

and it's down to the sheriffs to do whatever they can

0:19:510:19:54

to track down their assets.

0:19:540:19:56

They don't yet know it, but in Kent this morning,

0:19:580:20:01

Lawrence and Kev have just such a day ahead of them.

0:20:010:20:04

We're going to Mid Kent Generators looking for £6,960 this morning.

0:20:050:20:10

The money is owed to a supplier, which rented equipment

0:20:110:20:14

to Mid Kent Generators and took the company to court

0:20:140:20:17

when they didn't get paid.

0:20:170:20:19

A judgment was awarded in their favour,

0:20:190:20:22

but as they still didn't get their money back,

0:20:220:20:24

the sheriffs are going to pay Mid Kent Generators a visit.

0:20:240:20:27

But as they get near,

0:20:290:20:30

it doesn't look like the address on the writ

0:20:300:20:32

is leading to a commercial premises.

0:20:320:20:34

So, it is residential, then.

0:20:360:20:38

Looking for a company but at a residential.

0:20:380:20:41

It's not...it's not great.

0:20:410:20:44

You wouldn't have thought there was potentially any assets here.

0:20:440:20:48

Mind you, at least we're here sort of early enough

0:20:480:20:50

that we might catch him.

0:20:500:20:53

It's not a good start.

0:20:530:20:54

This looks like the company director's house,

0:20:540:20:57

and any assets will probably belong to him personally,

0:20:570:21:00

not the debtor company.

0:21:000:21:01

At least someone is in.

0:21:050:21:06

Morning. I'm looking for Mid Kent Generators.

0:21:070:21:10

Um, is it Mr Monger, the director?

0:21:130:21:15

My name's Mr Grix.

0:21:150:21:16

I'm an enforcement agent, as is my colleague.

0:21:160:21:19

We've got a High Court writ against Mid Kent Generators.

0:21:190:21:22

But Mr Monger says he doesn't recognise

0:21:220:21:24

the name of the company that's taken him to court.

0:21:240:21:26

No idea who they are?

0:21:280:21:29

Right, well, we've got a High Court writ in their favour

0:21:290:21:32

and we're ordered out today to take control of goods

0:21:320:21:35

to the value of £6,960.48.

0:21:350:21:37

The company has been dissolved?

0:21:380:21:41

Right. When was the company dissolved?

0:21:410:21:43

A bad start has got even worse.

0:21:450:21:48

They've found the director, but if the company is defunct,

0:21:480:21:51

it might be the end of the road.

0:21:510:21:53

Lawrence, however, isn't going to give up without some proof.

0:21:530:21:57

So, can you evidence that the company has got no money?

0:21:570:22:00

Company bank accounts? Something like that?

0:22:000:22:03

-Have you got evidence that it was dissolved?

-No.

0:22:030:22:06

Have you got your dissolution paperwork? No?

0:22:060:22:08

Mr Monger seems vague on the details,

0:22:090:22:12

so Lawrence fills him in.

0:22:120:22:14

I'll tell you what it's about cos we've got notes here.

0:22:140:22:16

Hire of four generators at different sites in Kent and Surrey,

0:22:160:22:20

court costs, interest and returned cheque fees.

0:22:200:22:23

So, you've obviously bounced cheques on him,

0:22:230:22:25

so you can't say you don't know what it's all about, I'm afraid.

0:22:250:22:29

Mr Monger now says he does know about the case,

0:22:290:22:32

but that he knew the claimant company under a different name.

0:22:320:22:35

He says he thought the court case against him had been dropped.

0:22:350:22:38

Have you got paperwork to that effect?

0:22:380:22:40

Do you want to see if you can find that?

0:22:420:22:44

The man disappears inside to look for his court documents.

0:22:460:22:49

In the meantime, Lawrence checks the status

0:22:490:22:51

of Mid Kent Generators on the internet.

0:22:510:22:54

Oh, no, it's not dissolved. The company's house is still live.

0:22:550:22:59

When Mr Monger returns, he says he can't find the paperwork,

0:23:000:23:04

but is still adamant that the company has ceased trading

0:23:040:23:07

three weeks ago and has no assets.

0:23:070:23:09

The only thing here is an old VW Golf

0:23:110:23:14

that probably doesn't belong to the company,

0:23:140:23:16

and certainly isn't worth enough to cover the seven grand he owes.

0:23:160:23:20

Getting nowhere, Lawrence decides to give the man some time

0:23:210:23:24

to prove his side of the story.

0:23:240:23:26

Right, well, I'll give you that.

0:23:260:23:28

-It's got my contact details on it...

-Yeah.

-..down the bottom there.

-OK.

0:23:280:23:31

You need to send any evidence you've got with regards to assets,

0:23:310:23:36

what have you.

0:23:360:23:37

OK, I'll give you five days to get that sorted. OK?

0:23:370:23:40

-Thank you.

-Bye-bye.

0:23:400:23:43

But Lawrence isn't done with Mid Kent Generators

0:23:440:23:47

for today just yet.

0:23:470:23:49

He's not sure he's getting the full story

0:23:490:23:51

and wants to make some further investigations.

0:23:510:23:54

It was all very evasive.

0:23:540:23:55

He's saying the company's liquidated, which it isn't.

0:23:550:23:59

He has no assets, no money. He can't evidence any of that at the moment.

0:23:590:24:03

Mr Monger might not have given much away,

0:24:030:24:06

but he did provide an address which he says his company traded from.

0:24:060:24:10

What he doesn't know is that Lawrence's notes also include

0:24:100:24:13

a second address, which he didn't mention.

0:24:130:24:15

Although it's a 50-mile round trip, Lawrence wants to check them out,

0:24:170:24:21

starting with the address that Mr Monger didn't volunteer.

0:24:210:24:25

There we go.

0:24:250:24:26

The address leads them to a trading estate,

0:24:260:24:28

but the unit in question seems to have someone else's name on it.

0:24:280:24:32

Yeah, that's not it.

0:24:320:24:34

That's an empty unit being refurbished, isn't it?

0:24:340:24:37

He's gone from here.

0:24:380:24:39

But we now know it's definitely not here.

0:24:390:24:43

So far, the man's story is holding up

0:24:430:24:45

and the road trip might be a waste of time.

0:24:450:24:48

Still, they head to the second address -

0:24:480:24:50

the one Mr Monger did give them - hoping for better luck.

0:24:500:24:54

-All right, at the back.

-The end one.

0:24:540:24:55

When they arrived,

0:24:550:24:57

Lawrence immediately spots something suspicious.

0:24:570:25:00

Got milk.

0:25:000:25:02

There's fresh milk at the door.

0:25:020:25:04

And there's only one day's worth of post there.

0:25:040:25:07

He's coming here.

0:25:070:25:08

And the milkman wouldn't keep delivering.

0:25:080:25:11

If he sees an empty unit and doesn't get paid,

0:25:110:25:14

he's not going to keep coming here and delivering milk.

0:25:140:25:16

If he's not actually trading out of here,

0:25:160:25:19

he's certainly coming back here on a fairly regular basis, I would say,

0:25:190:25:23

and there could well be some assets in there.

0:25:230:25:26

Although there's nothing valuable visible through the windows,

0:25:290:25:33

Lawrence needs to know for sure,

0:25:330:25:35

so he goes on the hunt for more evidence.

0:25:350:25:37

Mid Kent Generators - is he still running out of next door?

0:25:390:25:42

The man in the neighbouring unit says that they have indeed gone.

0:25:420:25:46

All right. Cheers.

0:25:460:25:48

It sounds like the company has stopped trading,

0:25:480:25:50

just like Mr Monger said,

0:25:500:25:52

but Lawrence isn't giving up altogether

0:25:520:25:54

on the hope of finding something.

0:25:540:25:56

He may not be running out of here,

0:25:560:25:59

but, you know, three weeks, sold all his assets?

0:25:590:26:03

It's unlikely.

0:26:030:26:04

But in the end, Lawrence never needs to discover

0:26:070:26:10

whether the company still has any assets.

0:26:100:26:12

Their visit to Mr Monger earlier

0:26:120:26:14

appears to have prompted him into action.

0:26:140:26:16

Soon afterwards, he enters a payment plan

0:26:160:26:18

in order to clear his debt to the supplier.

0:26:180:26:21

Mr Monger told us that at the time of the sheriffs' visit,

0:26:260:26:29

he believed the court case against Mid Kent Generators

0:26:290:26:32

had been discontinued.

0:26:320:26:34

He says the company didn't have any assets

0:26:340:26:36

and was being dissolved,

0:26:360:26:38

but the process hadn't yet completed.

0:26:380:26:41

And he says...

0:26:410:26:42

Sheriffs are now officially known as High Court enforcement agents

0:26:500:26:53

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

0:26:530:26:56

My job is to collect in full or remove goods.

0:26:560:26:59

They've got more powers of entry than bailiffs...

0:26:590:27:02

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

0:27:020:27:05

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

0:27:050:27:08

£1.6 million.

0:27:080:27:10

Their fees are set by the government,

0:27:100:27:13

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

0:27:130:27:16

Thank you very much. See you later.

0:27:160:27:18

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

0:27:180:27:21

there's a fee of £75 plus VAT.

0:27:210:27:24

All too often, the sheriffs deal with cases

0:27:320:27:34

where there's more than one company trading from the same address.

0:27:340:27:38

Debts owed by companies like these

0:27:380:27:40

are among the hardest for the sheriffs to collect,

0:27:400:27:43

as it can be difficult to determine which business owns the assets.

0:27:430:27:47

In Manchester, Sheriff Alan Pennington

0:27:470:27:49

is about to become embroiled in just such a case.

0:27:490:27:52

Yeah, I'm off to serve a High Court writ.

0:27:520:27:54

The company's called Sal-Ford & Vauxhall Limited.

0:27:540:27:59

Sal-Ford & Vauxhall,

0:27:590:28:01

which has no connection to the car manufacturer Vauxhall,

0:28:010:28:04

owes £2,500, but the chances of getting paid aren't looking good.

0:28:040:28:09

The company has applied to be dissolved.

0:28:090:28:12

Alan has been to visit once already, but found it shut.

0:28:120:28:16

We did leave a letter at the first instance.

0:28:160:28:18

We've had no reply from that letter.

0:28:180:28:20

Whether they've actually been back to the premises

0:28:200:28:23

since we went the first time, I'm unsure,

0:28:230:28:25

but it's one of those cases where we need to really make contact

0:28:250:28:29

to try and get this resolved for the claimant.

0:28:290:28:31

That claimant is lifelong mechanic Dilwyn Stoole

0:28:330:28:37

from Newport in South Wales.

0:28:370:28:39

He came into contact with Sal-Ford & Vauxhall

0:28:390:28:41

when he was looking for a new engine

0:28:410:28:43

for a second-hand car he was fixing up.

0:28:430:28:46

I bought a Fiesta which had an engine problem.

0:28:460:28:48

It was overheating, so, obviously, we had to replace the engine,

0:28:480:28:51

so I thought, "Well, I'll put a nice, low-mileage engine in

0:28:510:28:54

"and it'll last me a few years."

0:28:540:28:56

To find the engine he wanted, he posted on internet forums

0:28:560:28:59

and received a number of offers,

0:28:590:29:01

but one particular engine stood out -

0:29:010:29:03

from a dealer based in the Manchester area.

0:29:030:29:06

31,000 miles. Came out of a very modern vehicle.

0:29:060:29:10

Despite having lower quotes, I picked Sal-Ford & Vauxhall

0:29:100:29:14

because they promised me this engine was a low-mileage,

0:29:140:29:16

clean, tidy engine.

0:29:160:29:18

Dilwyn paid £705 to Sal-Ford & Vauxhall for a new engine

0:29:180:29:23

in exchange for his old one,

0:29:230:29:24

and within a few days, a van arrived with the new engine.

0:29:240:29:28

The minute he dropped the pallet on the floor

0:29:280:29:30

and I took off the wrapping, the engine was in a dreadful state.

0:29:300:29:33

The sump was smashed. There were parts of the engine broke.

0:29:330:29:36

I've taken a video which proves the problems.

0:29:360:29:38

-ON VIDEO:

-'The gold plug is snapped in the block

0:29:380:29:41

'and the injector is totally loose.'

0:29:410:29:43

There was no vacuum pump on it.

0:29:430:29:45

'This engine supposedly has done 30,000 miles

0:29:450:29:49

'and this is a clutch we've taken out of it,

0:29:490:29:51

'and as you can see, it's on the rivets.'

0:29:510:29:54

I honestly think this engine had done 130,000 miles.

0:29:540:29:57

It was almost a scrap engine.

0:29:570:29:59

It really wasn't the engine that these people had promised me.

0:29:590:30:02

Dilwyn wasted no time in ringing up Sal-Ford & Vauxhall to complain

0:30:020:30:06

and spoke to a woman there.

0:30:060:30:08

The initial response was, "Oh, we must have sent you the wrong engine.

0:30:080:30:11

"We're just a depot here.

0:30:110:30:13

"Where the engine was was a different building."

0:30:130:30:15

And I said, "Well, I was really disappointed

0:30:150:30:17

"and rejecting the engine."

0:30:170:30:19

I told her straight, "This isn't the engine we talked about

0:30:190:30:24

"and, you know, I don't want it."

0:30:240:30:26

Dilwyn thought the dealer would send him a complete replacement,

0:30:260:30:30

and sure enough, a few days later, there was a delivery,

0:30:300:30:32

but it wasn't what he was expecting.

0:30:320:30:35

On the Wednesday or the Thursday, some parts arrived,

0:30:350:30:38

which were the parts I'd described to her as being broken.

0:30:380:30:40

I immediately got on the phone to her and said,

0:30:400:30:42

you know, that wasn't enough. I needed for the engine to go back.

0:30:420:30:46

After a few days of bickering and barking,

0:30:460:30:48

she promised that the engine would be picked back up.

0:30:480:30:51

A week later, it hadn't been.

0:30:510:30:53

And that was the start of a pattern which kept repeating.

0:30:540:30:58

Another week went by, the engine hadn't been picked up.

0:30:580:31:01

Back on the phone again.

0:31:010:31:02

She explained there was another problem -

0:31:020:31:04

the van wouldn't come down the lane.

0:31:040:31:06

The excuses Sal-Ford & Vauxhall made were absolutely ridiculous.

0:31:060:31:09

In the end, the woman at Sal-Ford & Vauxhall

0:31:090:31:12

came up with a new solution.

0:31:120:31:14

She said the best thing to do would be to send it back at my expense.

0:31:140:31:18

-I said, "Well, at my expense?"

-HE LAUGHS

0:31:180:31:20

And she said, "Yeah, it's not a problem.

0:31:200:31:23

"We'll refund you with the full refund.

0:31:230:31:26

"We'll give you the cost of whatever it cost

0:31:260:31:28

"to send the engine back," which I did.

0:31:280:31:31

Dilwyn was now £755 down

0:31:310:31:35

and still didn't have a working engine for his van.

0:31:350:31:37

Eventually, a cheque arrived from Sal-Ford & Vauxhall,

0:31:370:31:40

but for just £250, so Dilwyn refused to cash it,

0:31:400:31:45

holding out for the full refund he'd been promised.

0:31:450:31:48

I was really, really polite. I wasn't going to wind anybody up.

0:31:480:31:51

I wanted somebody to help me,

0:31:510:31:52

but I was just fobbed off week after week after week.

0:31:520:31:55

It was promises and the engine wasn't forthcoming.

0:31:550:31:58

It was never going to come.

0:31:580:32:00

So, I'm probably into this the best part of a grand now.

0:32:000:32:02

I'm thinking, "Whatever. Now I've got to go all the way."

0:32:020:32:05

So, I did.

0:32:050:32:07

Dilwyn filed a claim against Sal-Ford & Vauxhall

0:32:070:32:09

in the County Court.

0:32:090:32:10

It's something he'd never done before

0:32:100:32:12

and was pleasantly surprised by the process.

0:32:120:32:16

It's so easy to do that.

0:32:160:32:17

On a computer, it takes a couple of hours.

0:32:170:32:19

Don't ever be afraid to take anybody to County Court.

0:32:190:32:22

But while winning the case against the dealer in court

0:32:220:32:24

proved to be easy...

0:32:240:32:26

They didn't even turn up. They had no defence.

0:32:260:32:28

They didn't even bother going to court.

0:32:280:32:30

..getting the money back wasn't.

0:32:300:32:32

I won by default. They've lost the case

0:32:320:32:34

and they're still not forthcoming with the money,

0:32:340:32:37

so I'm really annoyed to think that this guy has supplied me

0:32:370:32:40

with an engine that wasn't what he said it was.

0:32:400:32:43

He's taken my money,

0:32:430:32:44

he's made me send it back at my expense

0:32:440:32:47

and now he's doing a runner.

0:32:470:32:48

And that's why the next step for Dilwyn

0:32:480:32:51

has been to enlist the help of the sheriffs.

0:32:510:32:53

You can ignore letters.

0:32:530:32:54

You can't ignore someone who's there with an order

0:32:540:32:57

and a bit of authority, you know, so...

0:32:570:33:00

I've seen the programmes and I've watched the sheriffs in action

0:33:000:33:02

and I'm still hoping that

0:33:020:33:04

the sheriffs can go in there and retrieve my money, yes.

0:33:040:33:06

Sheriff Alan Pennington is en route to Sal-Ford & Vauxhall,

0:33:170:33:20

and after his previous visit, has got some idea of what to expect.

0:33:200:33:25

It presents itself as a very large area

0:33:250:33:28

of scrap cars and metal.

0:33:280:33:30

Both main gates to the premises were padlocked.

0:33:300:33:34

As the company has applied for dissolution,

0:33:340:33:37

it might no longer be trading,

0:33:370:33:39

but there are some indications it's not all over just yet.

0:33:390:33:43

I spoke to a neighbour from a local business

0:33:430:33:46

who basically said they come and go.

0:33:460:33:48

They're not always there each day. They arrive at different times.

0:33:480:33:52

Alan's determined to get Dilwyn's money back

0:33:520:33:55

before the company dissolution is completed

0:33:550:33:57

and its assets are gone, but will today be his day?

0:33:570:34:01

Looks like the gates are padlocked again.

0:34:010:34:03

Or maybe they're not. Let's just have a quick look.

0:34:070:34:11

It's open.

0:34:140:34:15

The gates are open after all, so Alan is allowed to go in.

0:34:150:34:19

Hello?

0:34:190:34:20

Hello?

0:34:220:34:24

At first, there's no sign of life,

0:34:240:34:26

but then a man appears, keeping his back to our camera.

0:34:260:34:29

Oh, hello, sir. Looking for Mr Khan.

0:34:290:34:32

Mr Khan.

0:34:340:34:36

This is Sal-Ford & Vauxhall Limited, yeah?

0:34:400:34:42

Can you get him on the phone for me?

0:34:450:34:47

I'm from the High Court. I've got a High Court writ.

0:34:470:34:50

Thank you.

0:34:520:34:53

Although Dilwyn applied for a writ

0:34:530:34:55

in the name of Sal-Ford & Vauxhall Limited,

0:34:550:34:57

the company's full name is Sal-Ford & Vauxhall Spares Limited.

0:34:570:35:01

-Mr Khan is its owner.

-Is he coming, bud?

0:35:010:35:03

Is he coming?

0:35:050:35:06

Thank you.

0:35:060:35:08

Alan's on the phone when Mr Khan arrives.

0:35:080:35:10

I'll explain to you in a minute, sir.

0:35:130:35:15

Mr Khan asks our cameraman to leave.

0:35:170:35:20

Put the camera down.

0:35:200:35:21

He tells Alan the business here is a different company

0:35:220:35:25

and he's got the documents to prove it.

0:35:250:35:28

He then marches him off the premises.

0:35:290:35:32

-You go and get me your proof.

-I will.

0:35:510:35:53

Obstructing the work of a High Court enforcement agent

0:35:530:35:55

is illegal and Alan gets straight on the phone.

0:35:550:35:58

Hello, sir. My name's Mr Pennington from the High Court Sheriffs Office.

0:36:000:36:04

Can I have the police, please?

0:36:040:36:05

It's 1A Sutherland Street.

0:36:080:36:10

Meanwhile, Mr Khan walks off.

0:36:100:36:12

Just basically told me to get out of the property

0:36:130:36:16

and for my own safety, I did that, but he manhandled me out.

0:36:160:36:19

Thanks very much. Thanks for your time. Bye-bye. Bye.

0:36:210:36:24

And Alan isn't impressed by Mr Khan's behaviour.

0:36:240:36:27

He wasn't prepared to listen to me.

0:36:270:36:29

He was being abusive and basically escorted me out,

0:36:290:36:32

manhandling me to the gate.

0:36:320:36:34

He's then left

0:36:340:36:36

and there are two other people still in the property.

0:36:360:36:38

I've called for the police cos as far as I'm concerned,

0:36:380:36:41

I've been assaulted whilst doing my duty,

0:36:410:36:43

and whether we speak to Mr Khan today again, I'm not sure.

0:36:430:36:48

The company which sold Dilwyn the duff engine

0:36:480:36:50

is based at this scrapyard,

0:36:500:36:52

but it sounds like Mr Khan might have a second company here too.

0:36:520:36:56

Finding out whether any assets belong to the debtor -

0:36:560:36:59

Sal-Ford & Vauxhall - could be tricky.

0:36:590:37:02

Now Mr Khan's returned brandishing some paperwork.

0:37:020:37:06

I'll speak to you, Mr Khan, when the police arrive, OK?

0:37:060:37:09

-Take my number.

-You've assaulted...

-I assaulted nobody.

-Yes, you have.

0:37:090:37:13

No, I haven't. I asked you to leave the premises.

0:37:130:37:15

You've assaulted me, manhandled me.

0:37:150:37:16

You've assaulted me and manhandled me out of the premises.

0:37:160:37:19

-I escorted you out.

-No, you didn't.

-It's a dangerous place, mate.

0:37:190:37:22

You can't be in there. That's why the gate's shut.

0:37:220:37:24

It's a dangerous place where you are, Mr Khan,

0:37:240:37:26

because you assaulted me

0:37:260:37:28

-and forced me out of the premises.

-I barely touched you.

0:37:280:37:30

Alan doesn't want to speak to Mr Khan without the police present,

0:37:300:37:34

but they still haven't arrived and Mr Khan's come back for more.

0:37:340:37:38

-You opened that gate and walked in.

-That's right. It wasn't locked.

0:37:380:37:41

-You're not allowed to do that.

-I'm entitled to move in.

0:37:410:37:44

-If it's open, I'll walk in peacefully.

-It's a dangerous place.

0:37:440:37:47

You've come to the wrong place.

0:37:470:37:48

I even told you you have the wrong place

0:37:480:37:50

and I've asked you nicely,

0:37:500:37:52

"Come to my office and we can speak about this," but no.

0:37:520:37:55

What's all that about? I've got things to do.

0:37:550:37:58

-Leave, then.

-I'm telling you, take my number, give me a call.

0:37:580:38:01

No, I'm going to deal with you here.

0:38:010:38:03

-Right, there's the stuff you need.

-Let's see.

-OK?

0:38:030:38:07

Mr Khan hands over paperwork relating to his second company -

0:38:070:38:11

Sal-Ford Auto Spares Limited -

0:38:110:38:13

including invoices for some of the items in the yard.

0:38:130:38:16

There's an invoice for Sal-Ford Auto Spares.

0:38:160:38:19

That's the company here.

0:38:190:38:20

Everything in there is owned by that company.

0:38:200:38:23

So, if you go and touch anything, it's going to be illegal, isn't it?

0:38:230:38:26

OK? Thank you very much. Thank you.

0:38:260:38:29

Thank you. Goodbye.

0:38:290:38:31

With that, Mr Khan makes his exit.

0:38:320:38:35

You've got my number.

0:38:350:38:37

The gates to the yard are locked and the police never turned up,

0:38:370:38:41

which means Alan's hands are tied.

0:38:410:38:43

There's nothing we can do at this stage.

0:38:430:38:45

I've only gone in the premises this morning because the gates were open.

0:38:450:38:48

Those gates have now been locked

0:38:480:38:50

and I don't have right of access unless the court allow me,

0:38:500:38:53

so I'll take direction from the office

0:38:530:38:55

over the next few weeks and we go from there, really.

0:38:550:38:59

The sheriffs now know this case is going to be tough to enforce.

0:38:590:39:03

It's likely Sal-Ford & Vauxhall Spares Limited

0:39:030:39:05

has few, if any, assets left.

0:39:050:39:08

Also, as Dilwyn didn't use the company's full name

0:39:090:39:12

when he took them to court,

0:39:120:39:14

the sheriffs are now concerned the debtor will use that

0:39:140:39:16

as yet another excuse not to pay.

0:39:160:39:18

They've advised Dilwyn to apply for a new writ,

0:39:200:39:22

but instead, he's decided to let the matter go.

0:39:220:39:25

It was disappointing. Just annoyed to think

0:39:270:39:29

this man has got away with what he's got away with.

0:39:290:39:32

Although Mr Khan

0:39:320:39:33

remains the owner of Sal-Ford & Vauxhall Spares Limited,

0:39:330:39:36

he told us that...

0:39:360:39:37

In North London, Ken is on his way to a heavy-duty job.

0:39:550:39:58

He's chasing a debt owed by a company

0:39:580:40:01

specialising in construction machinery.

0:40:010:40:04

We're going to Hunter Plant Hire Limited.

0:40:040:40:06

Hunter Plant Hire has tried to sue a demolition company

0:40:060:40:10

for unpaid invoices, but the case was dismissed.

0:40:100:40:13

They were ordered to pay their opponents' legal costs,

0:40:130:40:16

but haven't, so now it's down to Ken to collect.

0:40:160:40:19

This one is quite a chunky one.

0:40:190:40:22

Around about 14 and a half grand after our fees.

0:40:220:40:26

Nevertheless, he's hopeful of finding enough assets to cover it.

0:40:280:40:32

Should be plenty of stuff there, I would imagine.

0:40:320:40:34

Heavy plant, for one.

0:40:340:40:36

Small office, loads of plant machinery.

0:40:370:40:39

When he arrives, it's just as he imagined.

0:40:400:40:43

And here we are.

0:40:440:40:47

Ken heads into the office.

0:40:470:40:48

-Hello.

-Hello.

0:40:510:40:52

Hello. I need to speak to the person in charge.

0:40:520:40:54

PHONE RINGS The boss has made an appearance...

0:40:540:40:58

Hello, sir.

0:40:580:40:59

..so Ken explains he's here with a writ.

0:40:590:41:02

It's regarding a judgment against Hunter Plant Hire.

0:41:020:41:04

It was for £12,500,

0:41:040:41:08

which has now gone up, with our fees.

0:41:080:41:11

But the boss has a different take on events.

0:41:110:41:13

The boss asks our cameraman to leave.

0:41:220:41:25

Ken remains inside to negotiate.

0:41:300:41:33

Shortly afterwards, he comes outside to fill us in.

0:41:340:41:38

Well, the MD seems to think that he's owed £18,000

0:41:380:41:42

as opposed to he owes them originally £12,500.

0:41:420:41:48

However, I told him the judgment is against themselves

0:41:480:41:52

and we will remove goods straightaway

0:41:520:41:55

should he not pay any money.

0:41:550:41:57

And by goods, he really does mean the big metal stuff in the yard.

0:41:570:42:01

We would hire a specialist low-loader company

0:42:010:42:04

that specialise in removing these big diggers

0:42:040:42:07

and take one of them away.

0:42:070:42:09

I think he's going to pay

0:42:090:42:11

because there's no way he's going to want to lose one of his diggers.

0:42:110:42:15

Those diggers on their own are worth in excess of £50,000,

0:42:150:42:19

and he won't want that at all.

0:42:190:42:21

I think he'll pay.

0:42:210:42:22

With the law on his side and plenty of assets here,

0:42:230:42:26

Ken has every reason to be confident,

0:42:260:42:28

but there are no guarantees in this business.

0:42:280:42:31

A short while later, he emerges from the office.

0:42:330:42:37

So, has he secured payment?

0:42:370:42:39

The upshot was he paid half the debt, which is £7,126,

0:42:390:42:44

and he's signed a controlled goods agreement

0:42:440:42:47

to a piece of plant equipment and office equipment there,

0:42:470:42:50

to pay in full within 14 days.

0:42:500:42:52

That means, if he doesn't,

0:42:520:42:54

the sheriffs will be back to take the goods.

0:42:540:42:57

He really didn't want to pay it.

0:42:570:43:00

Paid it in the end, and all in all, good result.

0:43:000:43:03

The MD paid the rest of the balance as promised

0:43:040:43:07

and the demolition firm have got the money they were owed.

0:43:070:43:10

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