Episode 6 The Sheriffs Are Coming


Episode 6

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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...

-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, we have to remove

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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...

-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,

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Mandy Springer was sold a car with a dangerous flaw...

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This was the one where the wheel came off.

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My grandson and I definitely could have been killed that day.

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..but the dealership which sold it to her isn't keen to

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pay for the repairs.

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£1,140.62 pays us, gets her paid and we're gone.

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Eh, no.

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A recruitment agency hasn't paid one of its workers.

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Now the boss threatens us.

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A shop which sells mobility scooters owes a customer a refund.

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The sheriffs plan to get it, whatever it takes.

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The goods will be going,

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because there's no evidence that they belong to anybody else.

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And in Burnley, a car yard is suffering an identity crisis.

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If you're trading as East Lancs Van Sales, you'll have a company's

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house number, won't you?

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But will the sheriffs get paid?

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It's 10am and Lawrence Grix and Kev McNally are in Windsor,

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on the trail of a second-hand car salesman with a debt.

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This morning, we are going to see a Mr Howard Brigman,

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trading as Primavera Cars.

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He owes £1,140.

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This is expenses incurred.

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Four days after the purchase of a Land Rover Freelander

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and the wheel fell off it.

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Not ideal.

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No, it's not good to have a wheel fall off any vehicle, really.

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So, yeah. That's who we're after now. We're a couple of miles away.

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Lawrence and Kev are working on behalf of Mandy Springer.

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She was driving with her grandchild, Dante, in the car

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when the incident happened.

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She'd only just bought the Land Rover from a local dealer

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she'd found on the internet called Primavera Cars.

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The salesman seemed fairly helpful, he was quite a friendly fellow

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and he didn't seem to know very much about the car, actually.

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When I was asking him had the car been serviced? He said, "Oh, no."

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Nevertheless, it seemed to be what she was looking for.

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My husband and I looked over the car,

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we did pop the bonnet as well, we looked underneath for any

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kind of mysterious rusting

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and you know, it seemed sound to look at.

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The Land Rover had a new MOT and Mandy negotiated a discount

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to pay for a service she'd arrange later.

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Thinking she had a good deal, she paid £3,600 and drove it away.

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Only a few days later, disaster struck.

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I'd come off the motorway and as I pressed the brake, the car shook,

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I just about held it...

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..and you could hear

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something, like, it snapped.

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I was very fortunate that the guy behind me

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didn't actually smash into me.

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Another guy came out and was knocking on the window,

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shouting, "Your wheel's come off the car!"

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The wheel had come almost completely detached.

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And the car was stranded in the middle of the road.

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We're in two lanes of traffic because the car had slightly swerved

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into the other lane,

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so we could have been hit by any car coming down.

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I think my grandson and I definitely could have been killed that day.

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It wasn't safe to stay in the car,

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so Mandy took 22-month-old Dante onto the verge

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and called Primavera Cars.

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There was no footway to stand, so we were standing in brambles.

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I was trying to get help from the garage.

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In the end, it was kind of like I was just arguing

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and wasting my time. He refused to help me.

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He didn't care, he didn't care at all.

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So Mandy called the police who helped recover the car.

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But Primavera wouldn't take it back.

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They said no, they didn't want to help at all.

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Instead, it was delivered to a Land Rover specialist.

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When he examined it, Mandy was shocked by what he found.

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He gave me four of these, these are spacers.

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I didn't know anything about spacers until he told me.

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It's to make the wheels look bigger, make the car look bulkier,

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so maybe a boy racer might have stuff like this on their cars.

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The spacer sits between the hub and the wheel,

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and on this one, four of the five connecting bolts had failed.

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This was the one where the wheel came off,

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it was just by the grace of God that that one held on.

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Using wheel spacers isn't illegal in the UK, but should be declared

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to insurance companies as an after-market modification.

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Mandy feels she ought to have been warned.

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These should have been taken off the car prior to them selling it.

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They should have known about these.

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Mandy took Howard Brigman to court.

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He didn't defend the case and was ordered to pay her back

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the money she spent on fixing the car and her costs.

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Brigman offered to pay Mandy by bank transfer, but she was worried.

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I didn't trust their actions at all.

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There was no way I was going to give them my bank details.

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Wary of giving out her details, Mandy said she wanted a cheque,

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one of the other payment methods recommended by the court.

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But Brigman refused.

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At one point, they called me eight times in one day,

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kept calling and calling and saying, "We want your bank details.

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"If you don't give us your bank details,

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"we're going to issue a counter action against you."

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They could have made payment at any time and they refuse to do it.

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And then there were the text messages.

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"I'm still not happy about the way this has played out

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"and I would suggest you receive adequate training in car mechanics

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"before checking the vehicle over yourself in future instances."

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So I thought...

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..at the end of the day, you sold a car to somebody,

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it could have killed them.

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In fact, the law makes it clear that the dealer is

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responsible for the vehicle being fit for purpose.

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With the garage apparently unwilling to send her the cheque she wanted,

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Mandy was left with little choice.

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I had seen The Sheriff on telly before.

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Never thought in a million years that I'd have to use them.

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I was angry enough and I did want something to be done.

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I did want my money back.

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And so now Lawrence and Kev are on their way to get it for her.

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Since Mandy bought her car,

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Howard Brigman has joined forces with a new business partner

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and they now trade as Primavera Cars Ltd,

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operating from the same address as before.

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Howard Brigman's partner is on site

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and he seems to know all about the case.

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Hello, there.

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Yeah, good thank you.

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-Yeah.

-Yes.

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Right, well she's sent us out with a High Court writ.

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£1,140.62 pays us, gets her paid and we're gone.

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Lawrence isn't here to run messages around and it's now too

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late for the car dealer to make a payment directly to Mandy.

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Right, problem being she's now transferred it to the

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High Court for enforcement purposes.

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What you need to seek is independent legal advice, we're not here

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to advise you. We're here to obviously execute the writ

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on behalf of our claimant.

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The man doesn't want to pay the costs of the sheriffs' visit.

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But like it or not, the full amount is what he'll need to come up with.

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We hold the money for 14 days,

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it doesn't get disbursed straight away.

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So that gives you 14 days to get legal advice.

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Then if we're ordered to pay back the money,

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we pay back the money, simple as that.

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But at the moment, we've got a High Court writ

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that says this has got to be paid.

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The man doesn't want our camera in his office and we're asked to leave.

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He doesn't protest much longer however, and Kev soon comes out.

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Spoke to the guy. He knows all about it, to be fair.

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He's going to make payment now, so I've got the card machine,

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brought the van up and he's going to pay and off we go.

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The man does indeed pay

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and he invites our camera back in to tell his side of the story.

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He says he thought the accident might have happened

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because a friend of Mandy's had given the car a once over.

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She said that, "Two days ago, my brother in law, who's a mechanic,

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was looking over the car and all that and found some bits.

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Anyway, and then she said the wheel came off two days after that.

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I said, "Well, sounds like something that he's probably done, then."

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He says Primavera offered to look at the car, but Mandy refused.

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They didn't defend the case because they didn't receive the paperwork.

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And he says, following the judgment, they tried to pay

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but the disagreements over the payment method was the problem.

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She wanted a cheque.

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We kept asking for, e-mails asking her, for her sortcode

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and account number, so we could pay it.

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Cos we want evidence to show that we've done it.

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So we know it's been paid, so we can go to the court and let them know

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that it's all been done. Cos we don't want this going any further.

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Mandy was under no obligation to give out her details

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and cheque is one of the payment methods recommended by the courts.

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Refusing to send one has now cost Primavera Cars,

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though the man has come up with a way to make sure

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he gets his money's worth.

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We'll do a selfie.

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That was about as easy a job as you'll ever get, to be honest.

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The gentleman saw us, recognised us, invited us into the office,

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he knew exactly what case it was about.

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He's not overly happy that he's got our fees on top now, but he was half

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expecting a visit from us anyway

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and just paid us straightaway on a card. So...

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all in all another successful case for our client.

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Back in Reading, it's the news Mandy's been waiting for.

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It's been a really good result.

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I'm pleased that I did get in contact with the sheriffs cos

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they've helped take the stress out of a stressful situation.

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So I'm really pleased.

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I just sincerely hope that doesn't happen again to somebody else.

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

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refuses to pay you back,

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

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

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depending on the size of the claim.

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The court will review the evidence,

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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

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

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

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Debtors are rarely pleased when a sheriff arrives on the doorstep

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and sometimes things can get a little heated.

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In the Northwest, Enforcement Agent Alan Pennington is heading to the

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city for a job, which, on the face of it, should be straightforward.

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We're off to DCS Recruitment Consultants

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in Manchester.

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The High Court writ is for just over £2,000.

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DCS Recruitment and its director, Thomas Dolan, were taken to

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a court by a delivery

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driver who didn't get paid.

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They didn't defend the case and so judgment was found against them.

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Although they've since made a small payment to the driver,

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the majority of the debt remains unsettled.

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For Alan, this is new territory.

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I've not been to a recruitment consultants before.

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Not sure what they will have as regards assets.

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But we'll take a look around when we get in.

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The address on the writ belongs to this Victorian block.

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Thank you.

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Alan heads in and up the stairs.

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Hello. Anyone I can speak to?

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-Is this DCS Recruitment?

-It is, yeah.

-Can I speak to a manager?

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I'm an Enforcement Agent and I have a High Court writ to issue today.

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OK, hold on.

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It's a busy looking office

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and Alan soon finds the man in charge, Thomas Dolan.

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Can I come in?

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I'm an Enforcement Agent. I'm here to issue a High Court writ.

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Mr Dolan isn't happy to see our cameraman, and asks him to leave.

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He shows Alan proof that he's already made

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a payment, which he thinks covers the debt to the worker.

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But including fees, he still owes more than £1,900.

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Outside, Alan says that after showing him his writ,

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it looks like Mr Dolan is going to pay.

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He made some phone calls to his solicitor.

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It sounded... Picking up on the conversation that the

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solicitor basically said to him that you must pay this bill,

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and any issues that we have outstanding,

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we can continue with the solicitor, once the payment had been made.

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Sure enough, Mr Dolan does pay up.

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But just when it looks like the case is done and dusted, he follows

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Alan outside and it seems he's got a few words for our cameraman.

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Mr Dolan he has no legal right to insist we delete our footage.

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But when our cameraman refuses, his threats get physical.

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Hi, my name's Mr Pennington,

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I'm an Enforcement Agent for the High Court.

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I'm filming with the BBC at the moment

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and a gentleman here is basically obstructing the cameraman

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from getting back in my car.

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At last, with the threat of the police attending,

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Mr Dolan walks away.

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Our cameraman might be left a little shaken, but for Alan,

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it's all in a day's work.

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He wasn't happy to see me. He wasn't happy to see the cameras.

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He was quite verbally aggressive at times.

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Claimant's got his money. Job done.

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And Alan's not the only one who's glad it's over

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as the delivery driver has now been paid his missing wages.

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Lawrence and Kev are making a trip to the seaside.

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We are heading to East Wittering,

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down on the south coast.

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We're going to Non Stop Mobility Ltd for a total of £1,903.

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So it's a commercial premises we're going to, a shop.

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The writ's in favour of a customer, who bought a mobility scooter,

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and wasn't happy with it.

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I quote, "It was not fit for purpose."

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After being refused a refund, the customer took the company to court

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and won by default after it didn't enter a defence.

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The sheriffs are hopeful they'll be able to get their money back.

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I imagine there's going to be plenty of assets at this shop

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as long as the shop's still trading.

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We can fill this thing up with mobility scooters if need be.

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It shouldn't be too much of a problem, I don't think.

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But famous last words.

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Famous last words indeed,

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as this job's about to throw up some surprises.

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-There.

-Just there.

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The sheriffs head in.

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Inside, they find the company director's husband, Mr McWilliam.

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-We've got a High Court writ against Non Stop Mobility Ltd.

-Oh, yeah.

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They've set it aside?

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-Yeah.

-When was this?

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It's a familiar story.

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Mr McWilliam claims the judgment has been overturned.

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But when he starts getting out his paperwork,

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a different picture emerges.

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His appeal hasn't yet been heard.

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So the only thing which will stop the sheriffs enforcing

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the writ today is if he's been granted a stay of execution,

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which he thinks he has.

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Have you got a copy of the order staying the writ, because I haven't.

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Obviously, if it's stayed, then we'll leave you in peace.

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But we've got no evidence at the moment that it is.

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But unless we can see that, then we have to carry on.

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The shopkeeper should have a court order

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confirming what he's saying, but he can't seem to find it.

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And it's becoming increasingly obvious

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he hasn't understood the court process.

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There's two separate things. There's a set aside and there's a stay.

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And each incurs its own fee.

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How many application forms did you send?

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-One.

-And what did the application ask for, a set aside or a stay?

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They won't give you a stay without a set aside.

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The fact that you've got a hearing date,

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that is when your set aside hearing is.

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Well, if you've only paid one lot of £155...

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If Mr McWilliam had got a stay of execution, then

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he would have had to pay a second court fee.

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It sounds like he didn't.

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If you can't find the paperwork,

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-have you got the money to pay this today?

-No chance.

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Right, well, then we'll be removing goods.

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The man insists he does have a stay of execution,

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but his paperwork's in disarray.

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No, this was the original judgment.

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He's showing Lawrence various letters from the court...

0:19:010:19:04

This is the notice that it's been transferred to Chichester.

0:19:040:19:08

..but none are the right one.

0:19:080:19:10

So, we're getting there, but you hadn't even opened that.

0:19:110:19:14

Mr McWilliam says because it's his wife's business,

0:19:140:19:18

he doesn't know where the court order is.

0:19:180:19:21

Are you able to give her a ring and see if she knows where she's put it?

0:19:210:19:24

Well, she might know where it is, sir.

0:19:250:19:27

And with all due respect, your paperwork seems

0:19:270:19:29

to be a bit of a shambles.

0:19:290:19:30

You've got letters you haven't even opened, and you can't find anything.

0:19:300:19:33

It might be worth giving her a call to see if she knows where it is.

0:19:330:19:36

Then amongst a pile of letters, it's Lawrence that strikes gold.

0:19:380:19:42

Oh, here it is.

0:19:420:19:44

It's the court order,

0:19:440:19:45

confirming there's a hearing in a few weeks' time.

0:19:450:19:48

But it's what it doesn't say that's crucial.

0:19:480:19:50

There's nothing that says enforcement action

0:19:500:19:52

is stayed in the interim.

0:19:520:19:54

It's the smoking gun Lawrence needs.

0:19:560:19:59

He can now press on to try to get the claimant her money back.

0:19:590:20:02

It doesn't stay execution in the meantime,

0:20:030:20:07

so the amount outstanding is £1,903.03,

0:20:070:20:10

which needs to be paid immediately, or goods will be removed.

0:20:100:20:13

-Is there no-one that could lend you the money?

-No.

0:20:160:20:19

Right, well, goods will be removed to clear the debt then, sir.

0:20:190:20:23

Lawrence wastes no time in ordering a removal van.

0:20:230:20:26

All right? Can I have a Luton van?

0:20:260:20:30

I think it should all fit in a Luton.

0:20:300:20:33

The sheriffs get to work deciding which items to take.

0:20:350:20:38

In particular, they've got their eyes on the mobility scooters,

0:20:380:20:41

which are the most valuable things in the shop.

0:20:410:20:45

But now, faced with their removal, Mr McWilliam

0:20:450:20:47

claims they're not the shop's.

0:20:470:20:49

Right, have you got paperwork to that effect?

0:20:540:20:56

You know, paperwork where you enter into a contract

0:20:560:20:58

with people to sell goods on their behalf.

0:20:580:21:00

Well, then, the goods will be going because there's no evidence that

0:21:060:21:09

they belong to anybody else.

0:21:090:21:11

But just when it looks like this job's only going one way,

0:21:110:21:14

events take a surprising turn.

0:21:140:21:17

Mr McWilliam has phoned the courts,

0:21:170:21:19

and is asking them to intervene on his behalf.

0:21:190:21:22

He appears to have found a sympathetic ear

0:21:360:21:38

and hands the phone to Lawrence.

0:21:380:21:41

What I've said to the gentleman,

0:21:410:21:42

he's obviously applied for a set aside because he's got

0:21:420:21:46

the hearing date, but he hasn't applied for a stay in the interim.

0:21:460:21:49

I've got a truck on the way to remove the contents of the shop.

0:21:490:21:53

He should have applied for a stay. He hasn't, he hasn't got one,

0:21:530:21:55

so the writ is live and we're here to execute it today.

0:21:550:21:58

But the woman at the court wants to double-check.

0:21:590:22:03

She's gone.

0:22:030:22:05

Well, she's going to go and speak to the judge.

0:22:050:22:08

A few minutes later, she rings back.

0:22:080:22:11

PHONE RINGS

0:22:110:22:13

And it's just what Lawrence had feared.

0:22:160:22:19

I need a copy of that revised order e-mailing to me, please.

0:22:190:22:22

A judge has revised the court order and even though he hasn't

0:22:240:22:27

paid for it, Mr McWilliam has now been granted a stay of execution.

0:22:270:22:33

As it's the sheriff's job to carry out the court's wishes,

0:22:330:22:36

they have to leave empty-handed.

0:22:360:22:38

But later in the programme, we'll find out what happens

0:22:380:22:41

when they're back two months later.

0:22:410:22:43

The sheriffs are used to dealing with all

0:22:540:22:56

manner of obstacles in order to get debts paid.

0:22:560:22:59

But once in a while, their mettle is really tested

0:22:590:23:02

and it's not always possible to get the outcome they want.

0:23:020:23:06

In Burnley, Alan Pennington is on his way to see a second-hand car

0:23:060:23:10

business called East Lancs Car And Commercials Ltd,

0:23:100:23:13

who've been taken to court by a customer.

0:23:130:23:16

The claimant states that they bought a Suzuki.

0:23:170:23:20

And they've had nothing but faults on the car.

0:23:210:23:25

And a new MOT was promised.

0:23:250:23:27

And that didn't happen.

0:23:270:23:30

The claimant won her case by default after

0:23:310:23:33

the dealer didn't offer a defence.

0:23:330:23:36

Now Alan's on his way there to see if he can recover £2,285 owed.

0:23:360:23:41

But when he arrives,

0:23:420:23:43

there's a different name on the signs outside the business.

0:23:430:23:47

East Lancs Van Sales.

0:23:470:23:49

As this is the address on his writ

0:23:490:23:51

and where the claimant bought their car, he heads in anyway.

0:23:510:23:55

There are certainly assets here.

0:23:550:23:56

Now all he needs to do is find the boss, Shaun Cosgrove.

0:23:560:24:01

Hello!

0:24:010:24:03

Mr Cosgrove?

0:24:030:24:04

Is he here?

0:24:060:24:07

No matter. Alan's here to do his job whether the boss is in or not.

0:24:080:24:13

-I'm an Enforcement Agent. I'm here with a High Court writ...

-OK.

0:24:130:24:17

OK. For East Lancs Car And Commercials Ltd.

0:24:170:24:19

East Lancs Vans.

0:24:210:24:23

It might sound similar, but it's not who Alan's looking for.

0:24:240:24:27

So he needs to find out whether East Lancs Vans

0:24:270:24:30

is just a trading name

0:24:300:24:31

the debtor uses or if it really is a different company.

0:24:310:24:35

Is it Shaun Cosgrove still in charge, is he?

0:24:350:24:38

Brian?

0:24:390:24:40

And Brian is soon on the phone.

0:24:410:24:44

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

0:24:440:24:48

I'm looking for a Shaun Cosgrove.

0:24:480:24:51

The man says that's not him.

0:24:510:24:53

Yeah, but what's your name then?

0:24:530:24:56

Alan's told he doesn't need to know.

0:24:560:24:58

Well, I do. I want to get to the bottom of it, don't I?

0:24:590:25:02

Brian is refusing to give his full name.

0:25:030:25:05

He also says none of the vehicles here

0:25:050:25:08

belong to East Lancs Cars And Commercials Ltd.

0:25:080:25:11

Who are they owned by? Who are they owned by?

0:25:110:25:14

Again, Brian won't say.

0:25:140:25:16

You're trading as East Lancs Van Sales, aren't you?

0:25:160:25:19

So you're going to have some paperwork.

0:25:190:25:21

If you're trading as East Lancs Van Sales, you'll have a company's

0:25:210:25:24

house number, won't you?

0:25:240:25:25

Brian isn't giving anything away.

0:25:250:25:27

So Alan tries to find out for himself.

0:25:270:25:29

He heads into their office, and begins examining their paperwork.

0:25:310:25:35

As a High Court Enforcement Agent, Alan is acting

0:25:390:25:41

well within his powers.

0:25:410:25:43

Right. High Court writ, all stamped, OK?

0:25:470:25:49

All I want him to do is, Brian, is to be helpful to me

0:25:550:25:57

and I'll go away.

0:25:570:25:59

But then Alan finds a clue.

0:25:590:26:01

I've just seen one of your receipts.

0:26:010:26:04

East Lancs Car And Commercials.

0:26:040:26:08

That suggests the debtor company is still trading here.

0:26:080:26:11

But unfortunately, the receipt isn't for a vehicle,

0:26:110:26:14

so it isn't much help in terms of finding valuable assets.

0:26:140:26:17

Receipts for those are apparently with Brian.

0:26:170:26:20

Why don't you bring them down and show me, so I can go away?

0:26:220:26:25

Why are you being awkward?

0:26:250:26:27

Awkward is an understatement.

0:26:270:26:29

Brian tells Alan to go ahead

0:26:290:26:31

and order a low-loader to remove vehicles to cover the debt.

0:26:310:26:35

But he says when it arrives, he'll turn up with proof

0:26:350:26:38

they don't belong to the debtor company, so can't be taken.

0:26:380:26:42

The only way Alan can find out

0:26:420:26:44

if he's telling the truth is to call his bluff.

0:26:440:26:47

It might well prove to be a waste of time,

0:26:470:26:49

but Alan's job is to do whatever he can to get the claimant's

0:26:490:26:53

money back, so it's the only option left.

0:26:530:26:56

The office is ringing for a low-loader now, so I'm just going to

0:26:560:26:59

check the size of the vehicles to see which ones we can take.

0:26:590:27:04

Calling the low-loader unleashes a bout of activity

0:27:040:27:07

inside the car yard.

0:27:070:27:08

The staff are removing car keys from the office, the shutters to the unit

0:27:080:27:12

have been rolled down, and they're blocking the exit to the yard.

0:27:120:27:16

-ON PHONE:

-'Welcome to Lancashire Police.'

0:27:170:27:19

Alan's calling for backup.

0:27:190:27:22

I need some police assistance, please.

0:27:220:27:24

The atmosphere is getting tense.

0:27:270:27:29

A large number of people are gathering,

0:27:290:27:31

and the barricade to the car yard is growing.

0:27:310:27:34

Even a dog has been added to the mix.

0:27:340:27:38

The low-loader arrives.

0:27:380:27:39

This thing here, will that take that bollard away?

0:27:410:27:43

So do the police.

0:27:460:27:49

Basically, there's the High Court writ with the stamp on, OK.

0:27:490:27:52

And then, this guy turns up.

0:27:520:27:54

What's your name?

0:27:560:27:57

Is your name Shaun Cosgrove?

0:27:580:28:00

Which vans?

0:28:060:28:08

I'm not taking them.

0:28:080:28:10

There's a van inside.

0:28:100:28:11

This is what I asked over an hour and a half ago

0:28:170:28:19

and no-one bothered...

0:28:190:28:20

So Brian's rang you, has he?

0:28:230:28:25

Alan can only take control of assets,

0:28:270:28:30

if they belong to the debtor.

0:28:300:28:32

So if the man really does have invoices in a different

0:28:320:28:35

company name, then the vans can't be removed.

0:28:350:28:38

Soon another man arrives with a bundle of paperwork.

0:28:400:28:44

Shall we go in the office, Mr...whoever your name is?

0:28:440:28:47

Inside the office, it's just as Alan feared it would be.

0:28:470:28:52

The invoices show that the cars belong not to the debtor,

0:28:520:28:55

East Lancs Car And Commercials Ltd,

0:28:550:28:57

but to a company called Used Car Sales Co Ltd.

0:28:570:29:01

Shaun Cosgrove is the director of both.

0:29:010:29:03

But they're separate legal entities.

0:29:030:29:05

Alan is going to have to leave without payment

0:29:080:29:10

and the frustration shows.

0:29:100:29:12

I think he just basically wanted to waste my time.

0:29:130:29:16

He knew what he was going to do.

0:29:160:29:17

He basically said to me, "You do what you need to do

0:29:170:29:20

"and when you arrive, I'll show you the paperwork."

0:29:200:29:23

He's messed my time. He's messed the police time.

0:29:230:29:26

Simply because he knew it would cost the sheriffs money

0:29:260:29:29

and not cost him anything.

0:29:290:29:32

On this occasion, persistence hasn't paid off.

0:29:320:29:35

But for the sheriffs, a thick skin is part of the job description.

0:29:350:29:38

I suppose it's the way things happen. You win some, you lose some.

0:29:380:29:42

As East Lancs Car And Commercials Ltd doesn't appear to have

0:29:420:29:45

any assets that can be removed to cover its debt, there's

0:29:450:29:48

nothing more that can be done to get the claimant's money back.

0:29:480:29:51

Sheriffs are now officially known as High Court Enforcement Agents

0:29:530:29:57

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

0:29:570:29:59

My job is to collect in full or remove goods.

0:29:590:30:02

They've got more powers of entry than bailiffs.

0:30:020:30:05

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

0:30:050:30:08

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

0:30:080:30:11

£1.6 million.

0:30:110:30:14

Their fees are set by the government, which debtors have to

0:30:140:30:17

pay on top of what they already owe.

0:30:170:30:20

Thank you very much. See you later.

0:30:200:30:22

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

0:30:220:30:25

there's a fee of £75 plus VAT.

0:30:250:30:27

Earlier, Lawrence and Kev visited a shop

0:30:360:30:39

called Non Stop Mobility in East Wittering.

0:30:390:30:42

They'd been taken to court by a customer who'd been refused

0:30:420:30:45

a refund after buying a faulty scooter.

0:30:450:30:48

The sheriffs had to walk away empty-handed after a judge

0:30:480:30:52

granted the shop a last-minute stay of execution

0:30:520:30:55

to allow an appeal to take place.

0:30:550:30:57

Now two months later,

0:30:590:31:01

Lawrence and Kev are heading to the seaside town once again.

0:31:010:31:05

He's had his hearing. The case has been thrown out.

0:31:050:31:07

So we're on our way back here now.

0:31:070:31:10

Going to get payment. Well, we're hoping to get payment.

0:31:100:31:12

But the sheriffs aren't banking on it being that simple.

0:31:120:31:15

Last time the shopkeeper said

0:31:150:31:16

he didn't have the money

0:31:160:31:19

and now with extra fees

0:31:190:31:21

the bill's gone up.

0:31:210:31:22

Best case scenario, he's expecting us and he's got the money

0:31:220:31:25

sitting there waiting for us, but I shouldn't think so.

0:31:250:31:27

One of the problems I foresee we're going to have is the main stuff

0:31:270:31:30

of value was the scooters he had in there, the mobility scooters.

0:31:300:31:33

Considering he knows he's lost his case, they might have gone.

0:31:340:31:37

He's going to know we're going to be back.

0:31:390:31:41

Lawrence and Kev march up the street and into the shop.

0:31:430:31:46

Hello?

0:31:480:31:50

At first the shop looks to be unattended.

0:31:500:31:52

But then Mr McWilliam emerges from the back.

0:31:520:31:55

-Oh, hello.

-Hello again, sir.

0:31:570:31:58

You lost your appeal, didn't you? So now the full total is due.

0:31:580:32:01

We're here today to take control of goods to the value of £3,268.36.

0:32:010:32:07

Were you not aware you lost?

0:32:070:32:09

This time he asks our cameraman to leave.

0:32:160:32:19

He tells Lawrence he thought he'd won his case.

0:32:190:32:22

He gets out some paperwork from the court, which he says will

0:32:220:32:25

prove it, but it's a move that spectacularly backfires.

0:32:250:32:29

He's saying he doesn't know anything about it.

0:32:310:32:33

And then produces a letter that is an order saying

0:32:330:32:36

that his case has been dismissed

0:32:360:32:37

and he also has got an extra £1,500

0:32:370:32:39

on top of the judgment debt.

0:32:390:32:42

So by producing this letter, his debt's got £1,500 added to it.

0:32:420:32:46

So he's not best pleased about that.

0:32:460:32:49

The sheriffs hadn't been told about the additional costs

0:32:490:32:52

awarded by the court.

0:32:520:32:53

Now they've been added the shop owes well over £4,500.

0:32:530:32:58

And Mr McWilliam isn't about to settle up.

0:32:580:33:00

He's saying he hasn't got any money to pay,

0:33:020:33:04

the same as he was last time, and to be honest, I don't doubt him.

0:33:040:33:06

His wife's got no money, he's got no money.

0:33:060:33:09

So the only thing we've got of value really are the scooters.

0:33:090:33:11

I think there's nine scooters in total.

0:33:110:33:13

He's saying he's signed a letter saying that his mate owns them,

0:33:130:33:17

but it's literally, just a bit of paper.

0:33:170:33:19

So we've decided we're going to take these scooters,

0:33:190:33:23

cos there's no other way we're going to get paid here at all.

0:33:230:33:25

In fact, it's not just the scooters that will be going.

0:33:250:33:29

To get the claimant her money back,

0:33:290:33:30

they're going to have to pretty much clear out the shop.

0:33:300:33:33

Lawrence has begun listing the goods one by one.

0:33:330:33:36

And Kev reckons he's rather enjoying it.

0:33:360:33:40

He's got a bit of a glint in his eye

0:33:400:33:42

looking at some of these scooters,

0:33:420:33:43

There's a sort of wide scooter that he's got his eye on, I think.

0:33:430:33:47

He's sort of coming to that sort of age.

0:33:470:33:49

Don't tell him that, though.

0:33:490:33:50

But Lawrence shouldn't get carried away too quickly

0:33:520:33:54

as Mr McWilliam has again put in a call to the local

0:33:540:33:57

court in a bid to stop the sheriffs in their tracks.

0:33:570:34:00

The owner has been on the phone to the court, like he was last time,

0:34:020:34:05

when he got his stay very quickly,

0:34:050:34:07

and he's spoken to someone at the court and they've advised him to

0:34:070:34:10

fill in some different form that she's going to submit to the judge.

0:34:100:34:14

And in the meantime, the atmosphere inside the shop is heating up

0:34:150:34:19

as a man has arrived with a large Alsatian dog.

0:34:190:34:22

It turns out he's got some sort of stake in this business,

0:34:230:34:26

so he's got money invested in it.

0:34:260:34:28

I think he's the guy that owns the scooters as well

0:34:280:34:30

or claims to own the scooters.

0:34:300:34:32

But I think he's got actual more investment than just that.

0:34:320:34:35

He sort of bombed in here with his Alsatian,

0:34:350:34:37

telling us we're not going to do this and that and what have you.

0:34:370:34:41

But it's going to take more than a large dog to put

0:34:410:34:44

the sheriffs off and the man soon leaves.

0:34:440:34:48

Meanwhile, Mr McWilliam has heard back from his latest

0:34:480:34:51

appeal to the courts

0:34:510:34:52

and this time, he hasn't been so lucky.

0:34:520:34:55

Surprisingly enough, the judge has seen it already

0:34:550:34:58

but dismissed everything.

0:34:580:34:59

So that avenue for him has gone now.

0:34:590:35:03

He's insisting he's got no way to pay.

0:35:030:35:05

He's phoned round his friends and everyone else to see

0:35:050:35:07

if anyone will help, but there's no-one going to do anything.

0:35:070:35:10

So the entire contents of the shop are going to be removed.

0:35:100:35:14

There's three scooters, I think, that we've seen paperwork for

0:35:140:35:17

to show us that they don't belong to this Limited Company.

0:35:170:35:20

The rest of it's going to be going and the truck is on its way.

0:35:200:35:24

It's obvious the business is struggling,

0:35:240:35:26

and emptying the shop isn't ideal for anyone.

0:35:260:35:29

So Lawrence and Kev do make one last-ditch attempt to get the man

0:35:290:35:33

to make some kind of payment,

0:35:330:35:35

but it doesn't have quite the reaction they'd hoped for.

0:35:350:35:39

We basically said if he could get two and half grand together, then

0:35:390:35:42

we could leave his stuff here and put an arrangement in place for him.

0:35:420:35:46

Cos he's under no illusion that in March his business gets busier,

0:35:460:35:49

so he can pay it back.

0:35:490:35:50

But he's not going for it, can't get any funds together, so he's gone.

0:35:500:35:53

He's given us the keys to the shop and he's off, left us to it.

0:35:530:35:57

If that's what he wants to do, it's up to him.

0:35:570:36:00

The truck pulls up outside, and Lawrence and Kev start loading.

0:36:000:36:04

That's going to be the first one.

0:36:050:36:07

What's the best way to take them?

0:36:080:36:10

Cos we don't want them going down those steps.

0:36:100:36:12

There's only one thing for it.

0:36:120:36:14

After all, Lawrence is at home on anything with four wheels

0:36:250:36:29

even if it only goes 5mph.

0:36:290:36:32

I do have some knowledge of mobility scooters.

0:36:330:36:37

My mother got through a few in her latter years, God rest her.

0:36:370:36:41

Managed to fit a few in the back of my van

0:36:410:36:43

when they'd broken down and I had to go and collect her.

0:36:430:36:46

She used to run out of batteries.

0:36:460:36:48

And whatever the vehicle, he still appreciates quality engineering.

0:36:480:36:52

It's got a brilliant turning circle, that one.

0:36:530:36:55

Look at that.

0:36:550:36:57

Doesn't stop, whole time. Never stops.

0:36:570:37:00

On and on.

0:37:000:37:02

Kev, meanwhile, is wrestling with the complexity of the machines.

0:37:040:37:08

What's going on here? What's he done to this one? Has he broken this one?

0:37:080:37:12

This one's got something wrong with it, Lawrence.

0:37:120:37:15

Only Lawrence doesn't have the same problem.

0:37:150:37:17

It's very slow, but I'll get there.

0:37:180:37:20

Might have to push a bit.

0:37:230:37:25

As for Kev,

0:37:260:37:28

-he's still struggling...

-It's not neutral. What am I not doing right?

0:37:280:37:33

..and is ultimately beaten.

0:37:330:37:34

This one, Lawrence, is broken.

0:37:360:37:38

What have you done with it?

0:37:380:37:39

-It's just broke.

-It's not broken.

0:37:390:37:42

You muppet. What's the matter with you?

0:37:420:37:44

With the scooters loaded, attention turns to the

0:37:470:37:49

rest of the stuff in the shop.

0:37:490:37:52

Yeah, all right.

0:37:520:37:53

Is it going to go through?

0:37:550:37:57

But with space running out in the van,

0:37:570:38:00

they're going to have to be picky.

0:38:000:38:01

What do you want to do about the washing machine?

0:38:010:38:03

-I don't think it'll fit, anyway.

-No?

0:38:030:38:05

It's got money in it, but I don't think it's going to fit, is it?

0:38:050:38:08

They fill up the van as much as they can

0:38:080:38:10

and though it probably won't be enough to cover the £4,500

0:38:100:38:14

the shop owes, every bit helps.

0:38:140:38:16

Mobility stuff has got a value.

0:38:170:38:20

There's a few bits in there that are worth a reasonable amount of money,

0:38:200:38:23

but most of it's second-hand.

0:38:230:38:25

It'll have some value to it.

0:38:250:38:27

And that means that the customer who took the shop to court

0:38:270:38:30

will get at least some of their money back.

0:38:300:38:33

Sheriff Ken Warby is in Dunstable, near Luton,

0:38:460:38:49

on his way to a trading estate.

0:38:490:38:52

We're going to visit a large furniture store, SCS,

0:38:520:38:56

the original debt is just over £2,000.

0:38:560:38:59

Ken's attending on behalf of a customer who bought

0:39:020:39:05

a recliner sofa, but the leather finish began to peel off.

0:39:050:39:08

When she asked the store for her money back,

0:39:100:39:12

she was instead offered an alternative sofa at a reduced price.

0:39:120:39:16

She wasn't happy, and despite the Citizens' Advice Bureau

0:39:170:39:21

intervening on her behalf, they couldn't come to an agreement.

0:39:210:39:24

So she took SCS to court

0:39:250:39:28

and when they didn't offer a defence,

0:39:280:39:30

was awarded a default judgment.

0:39:300:39:32

Ken's not expecting them to remember.

0:39:320:39:36

I'll give them enough time to try

0:39:360:39:38

and find out exactly who the claimant is, chances are they'll

0:39:380:39:42

need to speak to the head office

0:39:420:39:43

because this is just one of their branches.

0:39:430:39:46

But given the stock he knows will be on site,

0:39:460:39:48

he's not going to take no for an answer.

0:39:480:39:50

They'd have more than enough assets to cover the debt here,

0:39:520:39:54

pick one of about 30 or 40 three-piece-suites if you like.

0:39:540:39:58

Sometimes Sheriffs go direct to the company's head office,

0:39:580:40:03

but they're entitled to enforce anywhere the debtor has assets.

0:40:030:40:07

This is one of a dozen or so stores they've got up and down the country.

0:40:070:40:11

However, the notice of enforcement would have come to this address.

0:40:110:40:17

It's the address on the writ, so Ken heads in.

0:40:180:40:21

SCS, I'd like to speak to the person in charge. My name's Mr Warby.

0:40:240:40:28

It doesn't take the man long to

0:40:300:40:32

realise he's not about to make a sale.

0:40:320:40:34

We're asked to leave while Ken starts the process of getting

0:40:340:40:37

through to someone with the power to pay up.

0:40:370:40:41

This is as I thought it would be, big company,

0:40:410:40:44

I've just spoken to the store manager,

0:40:440:40:46

he doesn't know who this person is,

0:40:460:40:49

so he's now contacting his head office.

0:40:490:40:51

It's a smallish debt, really, to a company this size,

0:40:510:40:55

I'll give them a bit of time.

0:40:550:40:56

There's only going to be one outcome, though.

0:40:560:40:59

I want the money for my client, that's it.

0:40:590:41:00

The manager is off the phone and Ken heads back inside to talk to him.

0:41:020:41:06

Oh, do you want me up there?

0:41:060:41:08

I'll come up there. How do I get up there?

0:41:080:41:10

Some progress has been made.

0:41:120:41:14

The company's head office in Sunderland are now aware of Ken

0:41:140:41:17

eyeing up their sofas and have said they're looking into it.

0:41:170:41:21

I spoke to a lady, nice lady,

0:41:220:41:24

I did tell her we need to get this resolved today.

0:41:240:41:28

This manager is going to fax over a copy of the actual

0:41:280:41:34

writ of control, so it's just a question of waiting at the moment.

0:41:340:41:39

With nothing else he can do, Ken has a quick sit down

0:41:410:41:44

and his thoughts turn momentarily to his own living room.

0:41:440:41:48

The sofa's really nice, actually, it reclines a treat.

0:41:500:41:54

The one I'm looking for really is on a button, electric, on a button,

0:41:540:41:58

if I can get one like that.

0:41:580:42:00

I'm not sure I'd get a discount here, somehow.

0:42:000:42:02

Finally, however, the manager is back

0:42:030:42:05

and an hour and a half after he arrived, Ken's done.

0:42:050:42:08

Head office are going to pay,

0:42:100:42:11

a control goods agreement has been signed, and yeah, successful job.

0:42:110:42:15

The customer's finally got her money back.

0:42:150:42:19

SCS might be a few thousand down on the day,

0:42:190:42:22

but after Ken spent the morning trying out every sofa in the shop,

0:42:220:42:25

they might have a new customer to make up for it.

0:42:250:42:28

Grey one was rather nice,

0:42:300:42:31

so I did say to them next time I come in,

0:42:310:42:34

if I'm not holding my clipboard, maybe we can do some business.

0:42:340:42:36

SCS told us...

0:42:360:42:39

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