Episode 3 The Sheriffs Are Coming


Episode 3

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Transcript


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-Meet The Sheriffs...

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

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It's to do with a High Court order...

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They work for the High Court, and if it says you're owed money,

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it's their job to go and get it.

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I'm here for £6,072.18.

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They can demand payment on the spot...

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I'm here for the full balance.

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How are you going to pay it?

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..or remove assets, instead.

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The car will be going unless you can pay it.

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You'll have a week to pay in full, before it gets sold at auction.

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Obstructing their work can be a criminal offence.

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I wouldn't do that if I were you.

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The door needs to stay open.

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Every year in England and Wales,

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unpaid debts totalling more than £80 million are recovered by

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the sheriffs.

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Coming up... Kate Killick is owed three months rent after her student

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lodger suddenly left without warning.

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He rang me one day to say he'd been kicked off the course,

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and basically said "tough",

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and had no sense that he was ever going to pay the money back.

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But when Tommy and Craig confront the man,

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he's reluctant to face the facts.

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You need to address this, Mr Akbar, otherwise it will be going.

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Lawrence is on the trail of £30,000 owed by a financial adviser.

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Hello there, sir, looking for Joseph Miller, would that be yourself?

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He might not have the cash, but he does have a car.

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Silver Citroen, have a look round the corner,

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see if he drives off in it.

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In the Midlands, enforcement agents Tommy Coyle and Craig Wild are up

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early. They're in pursuit of a debtor who Craig is convinced has

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been avoiding him, and they're about to knock on his door.

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On this very damp morning, we're over to Birmingham.

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We're off to go and see a Mr Ali Akbar,

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who has had several visits from ourselves and notifications have

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been left on every single time.

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He's failed to respond to it.

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Mr Akbar has been taken to court for unpaid rent.

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The claimant is Kate Killick,

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a beauty therapist and a single mum with two children.

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She first met Mr Akbar when she was hoping to make some extra cash by

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renting out a spare room in the family home.

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The extra income is really important,

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because it's whether or not you have a really nice Christmas,

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you haven't got to worry about presents for the children.

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Kate lives in Shoreham in Sussex,

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and to find a lodger, she contacted the local airport.

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They have a flying school and are often looking for host families

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to accommodate trainee pilots.

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The college put her in touch with Mr Akbar, and she agreed to take him in.

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Initially he was paying £125 a week, with breakfast,

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but he never got up for breakfast, so I just dropped it to 100,

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it seemed fairer.

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And in many ways Mr Akbar was the ideal lodger.

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He was hardly ever here.

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So I never really saw him, it was perfect, really,

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from that point of view.

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What wasn't so perfect was that after several months,

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he began to fall behind with his rent.

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But at first, Kate wasn't worried.

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When I questioned him,

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he said his mum was out the country and he'd have to wait till she got

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back in the country and he'd get the rent.

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But after Kate hadn't received her rent for three months,

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Mr Akbar suddenly pulled the plug on their arrangement.

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He rang me one day to say he'd gone into college

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and he'd been kicked off the course.

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So, he'd literally packed his stuff up and gone,

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and basically said "Tough", I wouldn't be able to get the rent

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money, the arrears.

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I did say I would go through the small claims court and he just

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basically said, "Good luck with that".

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For Kate, it was an upsetting end to the relationship.

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I am very angry with Ali,

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because you welcome someone into your home and treat them almost like

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a member of the family,

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give them a lot of trust and believe in their honesty,

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and they let you down.

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And it's a lot of money to lose, £1,500.

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So, just as she'd promised to do,

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Kate pursued Mr Akbar through the courts -

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a process she found straightforward.

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And she wasn't surprised at the outcome.

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There was a court date set to explain his side and he didn't turn up.

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A default judgment was awarded in her favour,

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but Kate suspected that wouldn't be the end of it.

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Just because someone's told they've got to pay you the money,

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they're not going to do it.

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So I went online to see what my options were,

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and that's when I found out about the sheriffs.

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It's now down to the sheriffs to get back her lost

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rent, plus costs and fees.

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100%, the sheriffs are my last hope,

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because I know he's not going to pay the money.

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He just seems to have buried his head in the sand,

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he doesn't think he owes me the money.

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He doesn't think there's a legal way that I can get the money,

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so he's going to have a surprise.

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In Birmingham, enforcement agents Tommy and Craig are arriving at

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Mr Akbar's home. They've been here many times before without any joy,

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and are now hoping all the legwork they've put in

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is finally about to pay off.

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We've noted a vehicle a couple of times that has been there,

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it's a sporty Vauxhall.

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The DVLA check has come back on that vehicle,

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the registered keeper is down to him.

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So today's job is to go there, knock the door again, if the car's there,

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we'll clamp it straightaway, and we'll try and raise him to the door.

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And if he wants to pay it, then that's fine, we'll deal with that,

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and if not, unfortunately his car's got to go.

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The sheriffs approach Mr Akbar's house with anticipation...

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Go right at the end, it'll be on the left-hand side.

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..their eyes peeled for the prize asset.

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-There it is, that white car there.

-That's his car?

-That's his car.

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I'll park behind it, then.

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That's a really good look.

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There's the white car, there's the VXR.

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Tommy blocks the car in

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and they get straight to work.

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-Right, that's on.

-You done?

-Done.

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This is what I get all the time here, just no answer.

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They're in, but they just don't answer the door.

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And after a few more minutes of trying with no response,

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Craig sets the wheels in motion.

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I'm just going to phone the tow truck now.

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Hello, it's Craig. Yes, my friend, not too bad.

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When we clamp a vehicle and immobilise it, we have to wait

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two hours, giving them a chance, really, to resolve it,

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even though we've been knocking at the door.

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Yeah, we want you here about quarter past ten.

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All right, my friend, cheers, thanks a lot, bye-bye.

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Contractors are all booked now,

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so the cost of that will go on top of their bill.

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In our experience, once the tow truck turns up with its amber lights

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flashing and the engine revving, that usually brings them to the door.

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Later, it's a reality check for Mr Akbar,

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as Tommy and Craig lay down the law.

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She's gone to court because...

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I'm not mad, blud. No, I'm not mad, I'm not mad.

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I'm not a bailiff, no, I'm a High Court enforcement agent.

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Success for the sheriffs is often down to the value of goods they can

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find that are owned by the debtor.

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Even with a court order in hand, demanding large sums without

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expensive assets to use as leverage can be very difficult.

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This afternoon, Lawrence Grix is alone in South London.

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He might not have sidekick Kev with him, but he does have

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a High Court writ for a substantial amount of money.

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I'm just off to Thornton Heath at the moment,

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to a gentleman called Joseph Miller

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who's got an estate agents, financial services type office.

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He owes just over £30,000.

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The claimant said she gave her savings to Mr Miller to put in an

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investment scheme,

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but later when she wanted to withdraw the money, he wouldn't give it back.

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She took him to court and won and now Lawrence is on his way to

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collect £30,250.

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It's a business address,

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so we're coming during the working day...

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Unfortunately, being an estate agents-cum-investment place,

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all they're likely to have is a couple of desks and a couple of computers.

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Hopefully we'll find Mr Miller there and we'll be able to put some kind

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of squeeze on him, find some assets to give us some leverage.

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If he's got a car and it's been re-financed,

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then that might be up for grabs.

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Mr Miller's high street office is certainly unlikely to contain

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£30,000 worth of assets. Lawrence has got his work cut out.

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He finds the shop and parks nearby.

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The door is locked, but someone is inside.

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Hello, sir. I'm looking for Joseph Miller, would that be yourself?

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It is indeed Mr Miller, but that's as far as our camera gets.

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Can I show you some ID, sir?

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Inside, Lawrence gets to work and explains to Mr Miller that he's here

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for his customer's money.

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All of it.

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Mr Miller's not keen to pay up and just as Lawrence expected,

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the goods in the office aren't worth very much.

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However, behind the office,

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Lawrence has spotted a car with Mr Miller's branding on it.

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Mr Miller doesn't deny it belongs to him, but insists it's a tool of the

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trade, meaning it's essential for him to carry on his business

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and Lawrence isn't legally allowed to remove it.

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But Lawrence makes a phone call and discovers that the car doesn't have

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business insurance. Satisfied it can't therefore be for business use,

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he threatens to remove it.

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Just as he's booking a tow truck, Mr Miller heads to the car.

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Silver Citroen, have a look round the corner, see if he drives off in it.

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If he does, there's not a lot Lawrence can do to stop him,

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but luckily, his fears are unfounded.

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Mr Miller has only gone to retrieve his briefcase from the boot

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before returning inside.

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After an hour in the shop, Lawrence is done.

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He's paid me £1,000 in cash and I've signed him up for £1,000 a month.

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Lawrence would prefer to have the debt paid in full, but under the

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circumstances, he's satisfied a payment plan is a good result for the woman

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-who is owed the money.

-It's a fairly high arrangement, but it's still,

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when you compare it to a £30,000 debt,

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it'll still take a few years to pay it off with interest going on,

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but really that's about the best I can do when you've got no assets to

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use as leverage. Bit of a discussion over whether his car was a tool of

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the trade. But it wasn't insured for business use, so it wouldn't be

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classed as a tool of the trade.

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But that was only probably a few hundred pounds' worth.

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It was an old Citroen, and other than that there was a few old

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computers and desks and it's just not worth any money.

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Without goods to remove, the bargaining powers of the sheriffs is limited.

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Lawrence has managed to get at least some money and an agreement to make

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regular repayments.

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Since filming Mr Miller has stuck to the arrangement so far and he's

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gradually paying back the £30,000 he owes.

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Mr Miller told us that his client's money had been invested in property.

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He says a slow housing market had delayed the return of funds and the

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court action resulted because she hadn't been prepared to wait for a

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property sale to materialise.

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In Birmingham, Tommy and Craig are waiting outside the home of

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Ali Akbar, who owes a debt of £3,290.

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They've clamped his car and a tow truck's on the way, but so far,

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in keeping with Craig's previous visits,

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Mr Akbar himself has yet to come to the door.

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This does happen sometimes,

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they just completely go to ground inside and they won't come out until

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the actual transport arrives to take the vehicle and then someone may

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come to the door saying, "We didn't know nothing about it and want to

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"resolve this", and it's too late, normally.

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They have to find a large sum of money very quickly or it'll be going

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on the back of a truck and away.

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But no sooner has Tommy spoken than a young man walks out of the house.

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-How's it going?

-Hello, sir.

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Mr Akbar, is it?

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Mr Wild from the sheriff's office.

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They've sent us out to obviously execute this court order.

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Because you owe the money, there's a High Court order.

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The court thinks you do.

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You've had paperwork hand-delivered by the agent here.

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No problem at all.

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Craig obliges and shows Mr Akbar his writ.

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And that's the commandment of the courts to endorse and obviously take

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control of your assets today.

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Faced with the documents, Mr Akbar finally has a moment of realisation.

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Penny's dropped now, has it?

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It's already been to court, sir. No, it's already been to court.

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Exactly, she's gone to court because...

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I'm not mad, blud. I'm not mad.

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I'm not a bailiff, no, I'm a High Court enforcement agent.

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I just explained it to you, I'm a High Court enforcement agent,

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I've been here at least three times, left letters for you,

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you've failed to respond to that.

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Despite seeing the court order,

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it seems Mr Akbar is unwilling to recognise the sheriff's authority.

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Because the law says and the court says

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we've got to come here to see you.

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And if you don't deal with it, we've got to deal with it for you.

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We don't want to do that. We'd much rather get paid and be on our way.

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The car will be going unless you can pay it.

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That's fine. But the law says,

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you've got the seven days to seek your own legal advice,

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try and raise the money and if you're successful,

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then you're entitled to your goods back.

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Mr Akbar clearly doesn't want to pay, but it looks like the sheriff's

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ultimatum of removing the car is finally sinking in.

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After briefly heading inside to mull it over,

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he returns and he's changed his tune.

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It has to be the full balance, the reason for that is...

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You could have before.

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It's 8.40 now, you've got until 10.15, and hour and a half.

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If you want to stop the vehicle going.

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-No problem.

-No problem at all, Mr Akbar.

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The defendant has indicated he might get some money, but the time is

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ticking and we told him the deadline to get that money to us.

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We've also told him that he has incurred the extra cost

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of the contractor, because we've commenced them on their way.

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So, unfortunately, it's been a very expensive day for Mr Akbar.

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As they wait it out in the van,

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Mr Akbar again comes to speak to them and he's got a fresh offer.

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We can't, it's not a case of us

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trying to not be helpful, we do as much as we can,

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we leave the vehicle clamped for two hours.

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This is clamped.

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It's clamped.

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There's a clamp on the front.

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Once again, it's taking a while for reality to sink in.

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But with his offer of payment gradually increasing, Tommy is

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quietly confident.

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Yeah, a bit more positive that time,

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could be payment in full coming here, I've got a feeling,

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I can feel it in the air, coming down the pipes.

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But later on, there's another problem

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as the car suddenly appears to have a new owner.

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The car's yours now, is it? When did you get it?

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Using the county courts to try to recover money you're owed

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isn't difficult.

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1.5 million money claims are made every year in England and Wales,

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involving anything from faulty goods or poor workmanship to unpaid invoices.

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Claims can be filed by post or online for a small fee.

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Both parties in the case will be asked to submit evidence,

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and you may have to attend a court hearing.

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If you're successful,

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a County Court Judgment, or CCJ, will be issued against the debtor.

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And if they still don't pay, that's when you call the sheriffs.

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In Birmingham, Tommy and Craig are still trying to recover debt owed by

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a Mr Ali Akbar.

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He has finally realised that with a tow truck on the way,

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he needs to come up with more than three grand, sharpish,

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or else his car will be going.

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So far, he's only managed to make offers of part payment,

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which have been rejected.

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But now, a family member has got involved and is about to throw the

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sheriffs a curveball.

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The car's yours now, is it?

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When, when did you get it?

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You bought it yesterday, did you?

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Oh, right, so he sold it to you yesterday?

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-How much?

-How much for, my love?

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It is. Oh, it is. We need to see evidence.

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Because we need to investigate it, you see, we need...

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We can't just, unfortunately, take your word for it.

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Moments later, Mr Akbar emerges with a change of registered keeper form.

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Right, OK. It's still wet, though, this.

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Craig's having none of it.

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It won't prevent us from removing the vehicle, unfortunately, Ali.

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Yeah, unfortunately...

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We can speak to her, but the car's still going.

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I don't think that's valid, unfortunately.

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But the Akbars aren't giving up just yet.

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The plot thickens when Craig

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overhears a conversation in the doorway.

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If you want to transfer the money into his account, that's fine.

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I said, if you want to transfer the money into his...

0:19:010:19:05

Well, I can.

0:19:050:19:06

Well, it is my business.

0:19:080:19:11

But if they're thinking of making a bank transfer to complete the sale

0:19:120:19:15

now, it would be too late.

0:19:150:19:18

If there's a money transfer just happening just now,

0:19:180:19:20

that's going to be irrelevant because we've already took control

0:19:200:19:23

of the vehicle, prior to it being sold.

0:19:230:19:26

Meanwhile, Mr Akbar has reappeared on the driveway,

0:19:260:19:29

and to Tommy's surprise, gets behind the wheel of another car.

0:19:290:19:33

Strange, isn't it?

0:19:330:19:35

Yeah, unusual, he seems to be going.

0:19:350:19:38

Perhaps he's gone to get some money.

0:19:380:19:40

Perhaps not. But the tow truck's now well on its way, so Tommy and Craig

0:19:400:19:45

take the opportunity to do a damage report on his car.

0:19:450:19:48

-It's in all right nick, isn't it?

-It's not too bad.

0:19:480:19:52

This wing is, there's something...

0:19:540:19:56

It's got, like, it's been pranged, that has.

0:19:560:20:00

Driver's side rear wing.

0:20:000:20:02

Time is running out for Mr Akbar,

0:20:020:20:05

who soon returns, but has he come bearing cash?

0:20:050:20:09

You all right? Do we know what we're doing?

0:20:090:20:12

Are we paying it today or not?

0:20:120:20:15

Because they're literally ten minutes away.

0:20:150:20:17

Once it turns up, they're just going to hook it up.

0:20:210:20:24

All right.

0:20:270:20:29

Mr Akbar seems to have given up any hope of hanging onto his car today.

0:20:290:20:34

And as the tow truck arrives to take it away, hands over his keys.

0:20:340:20:38

Are you going to get it back? Are you...

0:20:380:20:40

-In seven days? No?

-Do you want to take your stuff out first?

0:20:400:20:44

Have you got any personal stuff in there, yeah?

0:20:440:20:46

Yeah, get your stuff out, mate.

0:20:460:20:47

Tommy removes the clamp.

0:20:470:20:49

Job's a good'un.

0:20:520:20:54

And the car's driven onto the back of the truck.

0:20:540:20:57

So, yeah, at least he's given the keys up.

0:20:570:20:59

Makes it a lot easier, both for himself and for us.

0:20:590:21:02

If it does go to auction, then at least they've got the key to it,

0:21:020:21:06

which increases its value.

0:21:060:21:08

Yeah, it's seven days and then they

0:21:120:21:14

have to put it into a public auction.

0:21:140:21:16

You can.

0:21:180:21:20

Suddenly, it seems Mr Akbar wants to buy his car back at auction,

0:21:200:21:24

though it'd make a lot more sense to pay now,

0:21:240:21:27

and just as the truck prepares to drive off,

0:21:270:21:29

that's exactly what he starts talking about.

0:21:290:21:32

If you've got the full balance now... You need it this second.

0:21:350:21:39

It's gone.

0:21:430:21:44

Mr Akbar has missed his chance.

0:21:470:21:49

The sheriffs leave their paperwork.

0:21:490:21:52

-There you go, my friend.

-All right?

0:21:520:21:54

Take it easy. Take care of yourself, yeah?

0:21:540:21:55

-Ta-ra.

-See you later, mate.

-And their work is done.

0:21:550:21:58

He tried his best to negotiate his way out of us not taking the vehicle

0:21:580:22:02

today by trying to transfer ownership.

0:22:020:22:04

Even by his own admission, he said, "You've got to try it".

0:22:040:22:06

-But, unfortunately, it didn't work this time.

-Yeah, it's just a classic case of,

0:22:060:22:10

don't bury your head in the sand because it won't go away.

0:22:100:22:14

The sheriffs are on their way.

0:22:140:22:17

Later the same day, Mr Akbar paid the balance in full

0:22:170:22:20

and his car was subsequently returned.

0:22:200:22:23

Back in Shoreham, Kate Killick has finally got the money she was owed.

0:22:230:22:28

Really, really good news. The sheriffs went round.

0:22:280:22:31

They finally caught up with Ali, and I was able to get my money back,

0:22:310:22:35

and it's just really, really nice to know that the law is there to help

0:22:350:22:40

people out. I couldn't be happier. Thank you.

0:22:400:22:43

And Kate has some advice for anyone else with an unpaid debt.

0:22:430:22:47

Definitely, definitely go through the Small Claims Court because

0:22:470:22:51

that's why they are there, to help you. You know, it was quite a long process.

0:22:510:22:55

It's been over a year, but we got there in the end.

0:22:550:22:58

Today in the West Midlands, Tommy Coyle and Craig Wild's

0:23:080:23:11

skills are about to be tested.

0:23:110:23:14

So we're in the suburbs of Birmingham again today.

0:23:140:23:17

We're off to go and see a Mr Kev Dooley.

0:23:170:23:21

Mr Dooley was taken to court by another man several months ago.

0:23:210:23:25

He didn't defend the case and a judgment was issued against him by default.

0:23:250:23:29

He now owes £7,381.

0:23:290:23:33

The sheriffs have been trying

0:23:350:23:37

to contact Mr Dooley,

0:23:370:23:38

but with no success.

0:23:380:23:40

We've been there numerous times before,

0:23:400:23:42

had no response at all to our letters,

0:23:420:23:46

however there's a number of vehicles...

0:23:460:23:48

..in our guy's name,

0:23:490:23:50

so the intention is today to go and remove them,

0:23:500:23:54

if he's not going to pay the bill or play ball with us.

0:23:540:23:58

They reach Mr Dooley's home address,

0:23:590:24:01

and sure enough two of the vehicles they were hoping to find are there.

0:24:010:24:06

Yeah, so that van, which has got four grand's worth of value...

0:24:060:24:10

There's a Volkswagen van...

0:24:100:24:12

That's free of finance.

0:24:120:24:14

So we need to get a clamp on that.

0:24:140:24:16

And also the CA61 on the drive, yeah?

0:24:160:24:18

..and a Vauxhall hatchback.

0:24:180:24:20

That's 3,200 quid, that car.

0:24:200:24:22

The sheriffs get straight to work.

0:24:230:24:25

Tommy clamps the van, while Craig tries the door.

0:24:250:24:29

As usual, there's no answer.

0:24:300:24:33

There's got to be someone here, hasn't there?

0:24:340:24:36

There's all these cars here.

0:24:360:24:38

The main rubbish bin's completely empty.

0:24:400:24:42

The post is still in the door.

0:24:420:24:44

I've got a phone number.

0:24:440:24:46

-Try ringing him.

-He does, but it goes straight to answerphone.

0:24:460:24:50

Hello, this is a message for Mr Kev Dooley.

0:24:520:24:55

I need you to contact me as soon as possible, Mr Dooley. Thank you.

0:24:550:24:58

Let's order the truck.

0:25:000:25:02

-It's all we can do.

-It's all we can do, isn't it?

0:25:020:25:05

With Mr Dooley owing upwards of £7,000,

0:25:050:25:09

both vehicles will need to be removed to cover the debt.

0:25:090:25:12

But without keys for the car on the drive,

0:25:130:25:15

and another car blocking access for the tow truck,

0:25:150:25:18

it's not clear if it's going to be possible.

0:25:180:25:20

That's going to be a bit of a nightmare,

0:25:200:25:22

-getting through there, isn't it? On a flatbed.

-More than a nightmare.

0:25:220:25:26

Tommy's sceptical, but ever the optimist,

0:25:260:25:28

Craig presses ahead and books in the removal of both vehicles.

0:25:280:25:32

But just as the sheriffs are gearing up for the removal,

0:25:320:25:35

a call comes through from the debtor's mother.

0:25:350:25:38

My name's Craig, Craig Wild, I'm an enforcement agent.

0:25:390:25:42

She says that she owns the van,

0:25:420:25:44

so doesn't think the sheriffs can remove it,

0:25:440:25:46

but she's not able to provide proof of her purchase right now.

0:25:460:25:50

She's saying that she's purchased the vehicle for him,

0:25:510:25:54

to put into his business.

0:25:540:25:55

But as we've said, in the absence of proof,

0:25:550:25:58

at this late stage it won't prevent the removal from taking place.

0:25:580:26:01

Before long, the first removal truck arrives

0:26:020:26:05

and the logistical challenge begins.

0:26:050:26:08

Even the van, which was supposed to be the easier of the two,

0:26:080:26:11

turns out to be harder than expected,

0:26:110:26:13

thanks to its long wheelbase.

0:26:130:26:16

I don't think it'll go on.

0:26:160:26:17

Backwards, it doesn't fit, so they try a new strategy.

0:26:180:26:22

If he takes it from the front,

0:26:220:26:24

it will be shorter at the front and you'll be able to get it on,

0:26:240:26:26

and have the back end sticking off the back.

0:26:260:26:28

And this time, they have more success.

0:26:280:26:31

The car, on the other hand, is a different story altogether.

0:26:340:26:37

The issue is the wheel.

0:26:370:26:39

Obviously with a steering lock on like that, to drag it,

0:26:390:26:43

it's going to be a nightmare.

0:26:430:26:44

We've conquered worse.

0:26:450:26:48

Tommy's obviously caught Craig's optimism.

0:26:490:26:52

Drag it from there, I think.

0:26:530:26:55

And a plan does indeed come together.

0:26:560:26:58

The Vauxhall is unceremoniously heaved up onto the truck.

0:27:000:27:04

It's not pretty, but it works.

0:27:060:27:09

And the car is also soon on its way.

0:27:090:27:12

-That's good.

-Cheers, thanks. Take care, mate.

0:27:120:27:14

Both vehicles will be held for seven days.

0:27:190:27:22

If Mr Dooley doesn't come up with the money,

0:27:220:27:24

and provided the vehicles do belong to him,

0:27:240:27:26

then they'll be sold

0:27:260:27:28

and the claimant will finally receive the money they're owed.

0:27:280:27:32

Yeah, a bit of a result.

0:27:320:27:34

We've only been here just over the two hours.

0:27:340:27:36

We made some phone calls and tried to make contact at the address, nothing.

0:27:360:27:41

So it resulted in two vehicles going.

0:27:410:27:43

Following filming, Mr Dooley didn't pay any money towards his debt

0:27:440:27:48

and his Vauxhall has been sold at auction.

0:27:480:27:52

Meanwhile, the ownership of the van is still in dispute

0:27:520:27:55

and the matter is with the courts.

0:27:550:27:58

Mr Dooley told us that he believes he doesn't owe any money

0:27:580:28:01

and that the case against him was unfounded.

0:28:010:28:04

He says he didn't respond to the court paperwork because

0:28:040:28:07

his name was spelt incorrectly,

0:28:070:28:09

so he didn't believe the letters were for him.

0:28:090:28:11

He says he hasn't appealed the judgment

0:28:110:28:14

because of the costs involved.

0:28:140:28:15

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