Episode 10 The Sheriffs Are Coming


Episode 10

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Transcript


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-Meet The Sheriffs.

-My name's 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.

-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

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are recovered by The Sheriffs.

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Coming up...

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Neil Cummings bought an eco-friendly heating system,

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which turned out to be dangerous.

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I paid over £10,500.

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I ended up with a system that was completely unsafe.

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There's a dramatic intervention from Lawrence to stop assets disappearing

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from the business that sold it.

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They were literally engines running,

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I just had to swing the van across and block them in.

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Tommy's looking for a result at a football club with a debt to pay.

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I won't leave here today without payment or taking stuff with me.

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Lawrence confronts a car dealer who owes a £12,000 refund

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to a customer.

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I will ask the question again, what can you pay?

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And Tommy and Craig remove not one but two vehicles

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from a debtor's driveway.

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It's eight o'clock in the morning,

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and enforcement agent Lawrence Grix is already on the road.

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He's heading into Surrey for an unpaid debt

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owed by a business specialising in eco-friendly heating systems.

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We're down near Guildford today,

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just coming into a place called Gomshall.

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We've got the Green Shop and Jan Aukstolis.

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I believe it's a shop that sells wood-burning stoves and things,

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and there was an issue with a wood-burning stove.

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We're here today for just under £8,500.

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The claimant in the case is Neil Cummings,

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a self-employed builder who came across the company

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after embarking on a labour of love, building his own family home.

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I've built houses for other people,

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but the idea of actually building a house specifically for us

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was a lifelong ambition.

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When we eventually found this plot, it didn't have any gas.

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There's no gas supply, there's no oil here,

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so I decided that I wanted to go the green route.

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After researching his options,

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Neil found a local supplier and installer,

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the Green Shop in Gomshall.

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He went to meet the man in charge, Jan Aukstolis.

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He said, "Yes, absolutely no trouble,"

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he could design a system for that, which he did.

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He gave me a quote, which I accepted.

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He talked the talk,

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he seemed to certainly know what he was talking about.

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At the heart of the whole system was a wood-burning stove,

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and initially Neil was very pleased with the installation.

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All of the work proceeded well and everything was installed.

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Everything seemed to be fine and above board.

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That was until Neil wanted to add a new feature on to the system,

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and when he couldn't get hold of Mr Aukstolis,

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called in another plumber.

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He came along and had a look at the system that we had here

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for a couple of hours, and he turned round and said,

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"I'm really not happy".

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He said that in his opinion,

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the system didn't have enough safety features within it.

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So Neil had it disconnected.

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When he contacted the manufacturer of one of the other main components

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in his heating system,

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not only did they confirm what the plumber was saying,

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they also forwarded an e-mail they'd sent to Mr Aukstolis.

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And in the e-mail, it basically turned round and said that

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the wood-burning stove used in conjunction with this particular system must,

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and must was all in capital letters, "MUST have an in-built quench coil."

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The quench coil is designed to release energy from the system

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in the event of a power cut or safety features failing.

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While it's not necessary in every wood-burning stove,

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Neil's particular system required one,

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and without it he feared he was sitting on a potential time bomb.

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What we've actually got is a pressurised system,

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which is building up and up and up.

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It's like an old steam locomotive,

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if you can't release the energy, it's going to explode,

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and the idea of actually spending my life savings building this property,

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to potentially have, you know,

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my family in a dangerous situation, is scary.

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Neil tried to get in touch with Jan Aukstolis to see what he had to say.

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He didn't reply to any of my text messages, e-mails, I phoned him,

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I went down to the shop, I couldn't get hold of him at all.

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When I was actually paying the money out,

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he was returning calls within half an hour.

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However, as soon as he'd received the final amount of money,

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the correspondence completely ceased.

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Eventually, Neil decided the only option was to get quotes to rectify

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the work and complete the installation,

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and then take Mr Aukstolis and the Green Shop to court,

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to cover the costs.

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When they didn't defend the case, Neil won a default judgment.

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Since then he hasn't paid any money at all,

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so I've decided that I need to take this case further.

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He's now escalated it to the High Court

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and obtained a writ for the sheriffs to enforce.

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At the end of the day,

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I paid over £10,500 to Jan for the installation of this system,

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of which I ended up with a system that was completely unsafe.

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Money's tight, I haven't been able to rectify any of the situation,

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and I won't be able to rectify it until I get any money,

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if I do get any money, back from the sheriffs.

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So hopefully in their hands we'll see what they can do.

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Lawrence is en route to the shop,

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and his research in the office has painted a promising picture

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of what he might find.

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It looks quite a reasonably large premises,

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when you look at it on Google,

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with a car park to the rear.

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So hopefully they'll have assets there.

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There is money in wood-burning stoves.

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But Lawrence is foreseeing a potential pitfall.

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Mr Cummings has obtained his writ in the name of the boss personally,

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and the Green Shop, which is just a trading name,

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and so not a legal entity.

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Success this morning may boil down to how exactly

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the business has been set up.

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It is actually dependent really on whether Mr Aukstolis owns any of

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the assets, or if there's a company trading there.

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Lawrence arrives at the Green Shop

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just as some workers are about to get into their vans.

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I'm going to have to try and catch this fella here, I think.

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So there's no hanging about.

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Morning, gents. I'm looking for Jan Aukstolis.

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-Is that you at all?

-No.

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Is he here? Is Mr Aukstolis here?

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Our cameraman retreats to the road,

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while Lawrence tries to find out where Mr Aukstolis is,

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but the workers here appear to be installers or engineers.

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They're keen to get off to their first job of the day

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and don't want to wait.

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When they start preparing to leave, Lawrence swings into action...

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Repositioning his van...

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..and blocking the entire entrance to the car park.

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Normally I would have tried to take the time to clamp them,

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but where I was on my own and they were literally engines running,

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about to dash out the car park, I just had to swing the van across

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and block them in.

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Sorry to have to do this to you, guys.

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I fully appreciate that you're only just trying to earn a living

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and do your job.

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But as their vehicles are sign written

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and could belong to the debtor,

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Lawrence can't let them leave until he has answers,

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which seem to be hard to come by.

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Mr Aukstolis isn't here.

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The guys that are here say that they basically run the place,

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they don't see him very often.

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They've tried contacting him on the phone,

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I've tried contacting him on the phone,

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we've got nowhere at the moment.

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It just goes straight to voicemail.

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The guys that are here now have just asked if I can give them five minutes,

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so I don't know what they're going to try and do,

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if they're going to try and pay it.

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The three vehicles that I've managed to block in are all clear of finance.

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If I can't get hold of him and the guys here can't get hold of him

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then, yeah, I'll basically remove the vehicles.

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But getting hold of Mr Aukstolis turns out to be quite simple after all.

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One man who's here is showing more interest in the case.

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Mr Grix, G-R-I-X.

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And Lawrence puts two and two together.

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So, are you Mr Aukstolis, then?

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It is indeed Mr Aukstolis -

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the man who sold Neil his dangerous heating system.

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Lawrence shows him his writ and explains he's here for £8,440.

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Mr Aukstolis tells him nothing here is owned by him,

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but by his business,

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which is registered as The Green Shop Gomshall Limited.

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Lawrence demands proof of ownership,

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but in the end he doesn't need to see it.

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Perhaps mindful of his staff trapped in the car park

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and unable to get to work,

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Mr Aukstolis manages to come up with some money.

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Lawrence moves his van out of the way and lets them go.

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That didn't go too badly.

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The gentleman there actually was Mr Aukstolis,

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and he's managed to come up with just under £3,500 today,

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and I've put him on a monthly arrangement of £1,000 a month for the rest.

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All being well, he should clear his debt in five months.

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He does admit that the limited company owes the money,

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which is basically why he's paid some money today.

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The vehicles, allegedly, belong to the limited company,

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although that wasn't proven to me,

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so I was still using them as leverage.

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But we'll have to see what happens,

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he may well just stick to his arrangement.

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Down the road in Sussex,

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word of the payment has come as a welcome relief to Neil Cummings.

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Really good news from the sheriffs.

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We've actually finally managed to get hold of the first initial payment of just over £3,500,

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so that's come in and that's brilliant.

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So we've already got the new wood-burning stove,

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which is just sitting in place, it's not actually connected.

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Let's just hope that Jan is true to his word

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and honours the agreement and it will be the end to a lot of stress

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and anxiety that we've had over the last year.

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Using the County Courts to try to recover money you're owed 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,

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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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Enforcement agent Tommy Coyle is in the East Midlands,

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with an unusual case on his hands against a sports club.

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We're on our way to Corby today.

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We're visiting Corby Town Football Club.

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I think they're quite a small club.

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There's previously been an agent visit the property,

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spoke to a Steve, who's the chairman, who promised payment.

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The payment has not been forthcoming.

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Corby Town FC has been taken to court for unpaid invoices

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by a company which has done ground work on the pitch.

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The club didn't defend the case and judgment was issued by default.

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It owes £10,965.

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Tommy may not be much of a football fan,

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but today he's hoping for a win.

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Hopefully they'll have some assets there.

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It could be a small bar, it could be some minivans,

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for transporting the players round. It could be some trophies,

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but I don't know how many trophies Corby Town have won recently,

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but we'll have a look.

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We're hoping for a result today, possibly a 3-2 for Tommy.

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Thankfully, it's not match day.

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Welcome to Corby Town FC.

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Although Tommy has no trouble getting into the grounds,

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finding anyone to talk to might be another matter.

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But he soon navigates his way into some kind of clubhouse,

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where a team talk appears to be underway.

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-Hi, you all right?

-You all right? Is the chairman about?

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Could you give him a call for me, it's quite urgent?

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I'm an enforcement agent.

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Tommy's stumbled on the club's youth academy,

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and the man in charge offers to get the chairman on the phone.

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-Is it?

-I don't know what else I can do.

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Is there anyone else you can call?

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The problem I have, I'm literally here,

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I'm going to start listing assets down straightaway.

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Once I've listed everything down,

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I'll literally be getting contractors in

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and start removing stuff.

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Understandably, it's not what the man wants to hear,

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especially as he says the academy is separate and not part of the club.

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You got the paperwork to show that?

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You need to get it.

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Soon, the academy's finance director is on the phone,

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telling Tommy he can't touch anything here.

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Tommy explains the situation.

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It boils down to we need to see evidence of what belongs to you.

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So if you want to call the police,

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and I'll carry on with what I've got to do here.

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OK?

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Tommy's presence here is ruffling a few feathers,

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but he's got a writ to enforce, plain and simple.

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If you can just show me the evidence

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instead of just telling me that I can't do it

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because that ain't going to get him nowhere.

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Right, let's start listing everything down.

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News that an enforcement agent is planning to remove the contents of

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the clubhouse soon gets through to the right person.

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-You all right?

-The chairman on the phone.

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-Is this Steve, is it?

-Steve, yeah.

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Hello, sir.

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But club chairman Steve Noble hasn't called up to make a payment,

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he instead has a different take on events.

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What you're saying is he's willing to pay all the cost...

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He's talking about a deal he's come to with the claimant.

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I appreciate what you're saying,

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but unless I'm instructed by a court,

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I have to carry on with my actions today.

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All right, speak to you in bit.

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The chairman seems to think that he's come to an agreement with the claimant.

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The claimant was going to pay our cost directly to us,

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and then they was going to come to an agreement between themselves.

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I've got no notes of that.

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And a quick call to Tommy's office suggests that while

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the claimant may be willing to accept a payment schedule,

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he wants any such deal to be arranged through the sheriffs.

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Oh, right, OK, so it's not what he said then.

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In the meantime, Tommy's search for assets continues.

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In the bar, there's some alcohol.

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Limited wet stock.

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And a modest collection of silverware.

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Three cups up there, and one large one there,

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so I'll make a note of them.

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Though the first aid room turns out to be of more interest.

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Here we go.

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Resuscitating machine, an electronic one.

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I think you just put the paddles on, start her up and it saves your life, basically.

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They're really good bits of kit.

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Tommy knows how to use one from his days in the Marines.

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I was FA2 trained.

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So I can do a bit of first aid, stop you bleeding out if you got shot.

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Hopefully, that won't be necessary today.

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Tommy takes the kit to the van and tries to reach the chairman again

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to see if he's going to come up with the money.

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Hello, Mr Noble, it's the enforcement agent.

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But it's not the news he wanted.

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The chairman still wants to come to an arrangement,

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but without putting any money up front.

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Without making that payment now,

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we're not going to be able to facilitate anything

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other than removing what we can.

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We won't just come, leave a letter and then not return.

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I'm sent back to enforce it,

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and I won't leave here today without payment or taking stuff with me.

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Tommy wants at least £3,000 now, but the chairman says he can't pay.

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If you're telling me it's impossible to make any kind of payment today,

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then kind of our conversation's going to come to an end because

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I'm just going to have to carry on with what I'm going to do here.

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Mr Noble, I'll probably be here for the next three hours because

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I'll get the contractors on their way.

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If anything does get sorted, let me know,

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but we're going to carry on with what we're going to do here.

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Right. Not paying anything then.

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It looks like removal is Tommy's only option,

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and he takes his search for assets pitch side.

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Two goalposts...

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Which, believe it or not, could be removed,

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although they're not as useful as what's in the outbuildings.

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That's the one. This is exactly what I'm looking for,

0:17:540:17:58

something with a bit of monetary value.

0:17:580:18:01

I'll have the keys, as well.

0:18:010:18:03

But before he can get too carried away,

0:18:040:18:07

he's interrupted by a groundsman.

0:18:070:18:09

Aren't they? Whose are they?

0:18:120:18:14

They're yours?

0:18:150:18:16

Have you got any evidence? Who are you?

0:18:200:18:21

And the groundsman's ownership of the sit-on mower

0:18:240:18:27

isn't the only third-party claim over the goods here.

0:18:270:18:30

The man from the academy is back,

0:18:300:18:33

with proof that it owns the laptops in the clubhouse.

0:18:330:18:36

Ten laptops and the case, the cabinet.

0:18:370:18:39

-If you print this off, I'm happy to leave all the laptops alone, all right?

-All right.

0:18:390:18:43

In terms of assets, the football club isn't proving to be rich pickings.

0:18:440:18:49

Tommy's running out of places to look,

0:18:490:18:51

and thoughts wander to Sheriffs FC.

0:18:510:18:54

I'll be a forward, Kev on the wing.

0:18:540:18:57

We'll have Wild in defence, with Ken.

0:18:570:18:59

Alan in goal, Grixy will be our manager.

0:18:590:19:03

Tommy returns to the van to start organising the removal,

0:19:060:19:09

but is interrupted by another phone call.

0:19:090:19:12

Let's get this right then,

0:19:120:19:14

you hold the lease for the grounds here and the building?

0:19:140:19:18

Yeah.

0:19:180:19:19

There's been a substitution and a new player is on the pitch.

0:19:190:19:23

It's the landlord, who's got wind that the club's goalposts,

0:19:230:19:27

among other things, might be about to be removed,

0:19:270:19:30

and it sounds like he could be willing to make a payment.

0:19:300:19:33

OK, sir. All right, speak to you in a bit. Bye.

0:19:350:19:38

He's willing to pay on their behalf the 3,000,

0:19:380:19:41

and he'll have it paid by midday tomorrow.

0:19:410:19:44

With limited assets here,

0:19:440:19:45

and other multiple claims over their ownership,

0:19:450:19:48

it's a deal Tommy's prepared to agree to.

0:19:480:19:50

The landlord soon arrives at the club,

0:19:520:19:54

where he meets with Tommy off-camera.

0:19:540:19:57

A controlled goods agreement is signed for the assets listed down,

0:19:570:20:01

and Tommy leaves satisfied.

0:20:010:20:04

With the complexities we had there

0:20:040:20:06

and the amount of third-party claims,

0:20:060:20:08

and with the property being leased by somebody else,

0:20:080:20:11

I think it's a good result, getting the CGA £1,500 per month,

0:20:110:20:15

with the £3,000 paid tomorrow.

0:20:150:20:17

The £3,000 arrived as promised,

0:20:180:20:20

and the company which did the work on the pitch

0:20:200:20:23

has started to receive its money.

0:20:230:20:25

Lawrence and Kev are in Sevenoaks in Kent.

0:20:350:20:38

They've got another High Court writ to enforce,

0:20:380:20:40

this time against a business which specialises in classic cars.

0:20:400:20:44

We are heading to a car garage called Karden Europe.

0:20:440:20:49

They owe £12,963.

0:20:490:20:53

This debt is relating to the sale of a Porsche, I believe.

0:20:530:20:56

The garage they're going to looks well-stocked,

0:20:580:21:01

and the sheriffs are feeling confident.

0:21:010:21:03

Little do they know that today is not going to go as well

0:21:030:21:06

as they would hope.

0:21:060:21:07

The case began when taxi driver Nick Lewthwaite from Durham

0:21:100:21:13

was looking to buy a new car for him and his wife.

0:21:130:21:16

After saving up some money and taking a loan,

0:21:160:21:19

they decided to treat themselves to the car of their dreams.

0:21:190:21:22

It was always my ideal thing to have a Porsche 911,

0:21:220:21:26

the most iconic car.

0:21:260:21:29

And when Nick found one on Auto Trader,

0:21:290:21:31

it seemed to be everything they wanted.

0:21:310:21:33

Light metallic blue, matching blue leather.

0:21:330:21:37

It had so many upgrades, it made the car really special.

0:21:370:21:40

Absolutely perfect for what we were looking for.

0:21:400:21:43

The car was some distance away in Kent,

0:21:430:21:46

at a dealers called Karden Europe Limited.

0:21:460:21:48

But Nick made the trip to have a look and met the company director,

0:21:480:21:52

-Andrew Austin.

-He seemed very knowledgeable.

0:21:520:21:54

On his website he'd been in the trade for 30 years.

0:21:540:21:57

He explained that he shipped cars all over the world.

0:21:570:22:00

He was a very convincing man.

0:22:000:22:02

Nick met the £34,000 asking price with

0:22:020:22:05

the part exchange of his previous car, a BMW, and £15,000 on top.

0:22:050:22:11

He then drove away as the proud owner of a Porsche 911.

0:22:110:22:16

Dream come true. It was an absolute dream come true.

0:22:160:22:19

But not everything about the car was perfect.

0:22:200:22:23

After about 100 miles, the clutch started getting slightly heavier

0:22:240:22:28

and it was starting to struggle to go into gear.

0:22:280:22:31

And Nick's wife found it even more difficult.

0:22:310:22:34

She said it was undriveable for her,

0:22:340:22:36

and that's when I rang them up and told them straightaway,

0:22:360:22:39

I said, "There's something not quite right here."

0:22:390:22:42

Mr Austin advised Nick to take it to a specialist who made some repairs,

0:22:420:22:47

but they also made an alarming discovery.

0:22:470:22:49

The car was still on a finance agreement,

0:22:490:22:52

which its previous owner hadn't paid off.

0:22:520:22:54

That means it was still technically owned by the bank.

0:22:540:22:58

I don't know how much was owing on the car,

0:22:580:23:00

but it still had four and a half years to run.

0:23:000:23:02

So I'm effectively paying for a car that I don't own.

0:23:020:23:06

Mr Austin claimed he'd taken out the finance arrangement himself as

0:23:060:23:10

the dealer and would soon clear it,

0:23:100:23:12

but when that didn't happen after a week,

0:23:120:23:15

Nick lost faith and arranged to return the car

0:23:150:23:18

and get his old one back.

0:23:180:23:20

I took the car to a local valeting place,

0:23:200:23:22

I got the car cleaned immaculate,

0:23:220:23:24

and I presented that car back to him in a better way than what I got it.

0:23:240:23:29

He looked round the car and he says, "I'll give you £12,500."

0:23:290:23:34

Which, along with the return of his BMW,

0:23:340:23:36

was £2,500 less than what he paid.

0:23:360:23:39

I said, "Well, you haven't mentioned this on the phone."

0:23:390:23:42

He said, "I've got my loss of profit."

0:23:420:23:46

Eventually Mr Austin offered to reimburse £13,000,

0:23:460:23:50

and Nick decided to accept it for the time being,

0:23:500:23:53

in the form of a cheque.

0:23:530:23:55

I thought, I'll take his cheque for £13,000,

0:23:550:23:58

and I'll take him to the small claims court for the £2,000.

0:23:580:24:02

I'm not going to get into a fist fight over a car.

0:24:020:24:06

Put his cheque into the bank, and unfortunately it bounced,

0:24:060:24:11

it was stopped.

0:24:110:24:12

Mr Austin later made a bank transfer for £3,000,

0:24:130:24:17

but despite Nick chasing time and time again for the rest,

0:24:170:24:21

it never came.

0:24:210:24:22

Eventually he made a claim through the County Courts,

0:24:220:24:25

prompting what seemed like a decent offer.

0:24:250:24:28

He would be happy to settle out of court at £11,400,

0:24:280:24:33

which would be paid within a month. He still never paid it.

0:24:330:24:36

So Nick resumed the court action, and this time the case was heard.

0:24:380:24:42

The judge ruled against Karden Europe,

0:24:420:24:45

in favour of Nick's wife Nicola,

0:24:450:24:47

as the purchase was originally made from her bank account.

0:24:470:24:50

But that judgment hasn't been paid either.

0:24:500:24:53

It was savings and a loan went to buy that car, £15,000,

0:24:530:24:57

an awful lot of money. And he's sitting with my money,

0:24:570:25:01

and I'm sitting with a bank loan.

0:25:010:25:03

Now the Lewthwaites have taken the next logical step.

0:25:060:25:09

So we've involved the sheriffs,

0:25:090:25:11

and basically they're probably the last hope to get any money.

0:25:110:25:16

Back in Kent, Lawrence and Kev are about to arrive at Karden Europe.

0:25:240:25:29

Kev's notes suggest Mr Austin wants to come to a deal.

0:25:290:25:32

The debtor has actually been in touch with us

0:25:330:25:36

and tried to make an arrangement...

0:25:360:25:38

..but we're going to head over there now and look for full payment.

0:25:400:25:43

I believe that the garage we're going to has got quite a lot of stock,

0:25:430:25:47

of particularly high-value cars.

0:25:470:25:50

So we're hoping that although 12,900 is quite a lot of money,

0:25:500:25:54

probably it would only take one of these cars to cover the debt entirely.

0:25:540:25:57

I just hope they're not owned by someone else.

0:25:570:26:00

The sheriffs pull into the garage and park up.

0:26:030:26:06

A man is on the forecourt.

0:26:070:26:09

-Hi sir, you work here?

-Yes.

0:26:110:26:12

It's Andrew Austin, the garage owner,

0:26:140:26:17

but he's interrupted before Lawrence can find out any more.

0:26:170:26:20

In the meantime, he eyes up the stock.

0:26:200:26:23

That's the TR6 that's on the website for 19,995, I believe.

0:26:230:26:29

Lovely. I always wanted one of them when I was younger.

0:26:290:26:31

Is that the original colour, as well?

0:26:310:26:33

Inca yellow, yeah, there's the hardtop for it, look.

0:26:330:26:35

That was a costly extra.

0:26:350:26:37

Not all the cars on display here are classics,

0:26:380:26:41

but there's certainly enough to get their teeth into.

0:26:410:26:44

The next question is, who owns them?

0:26:440:26:46

Mr Austin is off the phone, so it's time to find out.

0:26:460:26:50

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

0:26:500:26:54

We've got a High Court writ against Karden Europe

0:26:540:26:56

in favour of a Mrs Nicola Lewthwaite.

0:26:560:26:59

-Oh, right, yeah.

-You've been in touch about it.

0:26:590:27:01

We're here today to take control of goods to the value of £12,963.19.

0:27:010:27:07

-OK.

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

0:27:070:27:09

OK, well we haven't got, Karden Europe wouldn't have that,

0:27:090:27:14

that amount of goods.

0:27:140:27:16

Well, there's plenty of stock on here.

0:27:160:27:18

Yeah... But Karden Europe works as a commission-based company.

0:27:180:27:22

-It sells...

-Right, so everything's on SOR?

0:27:220:27:24

-Yeah.

-Have you got paperwork to that effect?

0:27:240:27:26

-Yeah, pretty much, yeah.

-Yeah, if I can see, that's what I need to see.

0:27:260:27:30

Mr Austin says all his cars are sale or return - in other words,

0:27:300:27:34

he's selling them on behalf of their owners for a fee.

0:27:340:27:37

It's exactly what Lawrence and Kev had feared might be the case,

0:27:370:27:41

and Mr Austin seems to have the paperwork to prove it.

0:27:410:27:44

Basically, these are sale or return documents

0:27:450:27:48

for every vehicle that we've got here.

0:27:480:27:50

-Can I have a quick look through?

-Yeah, sure.

0:27:500:27:53

Right, we need to go out and check these.

0:27:530:27:56

I'll give you half, I'll have half.

0:27:560:27:58

They head outside and begin checking

0:27:580:28:00

the documents against every car here.

0:28:000:28:02

Right, I've got the Kangoo...

0:28:040:28:07

I've got the Maserati...

0:28:070:28:09

And one by one, they rule them out.

0:28:100:28:12

There's the Zafira.

0:28:120:28:14

-Polo.

-I've got the Merc.

0:28:140:28:17

-You've got the Merc, yeah.

-I've got the TR6 and I've got that Morris.

0:28:170:28:20

But there are a few cars which don't seem to be accounted for.

0:28:200:28:23

There's still other vehicles that are on the forecourt that aren't there,

0:28:230:28:27

which is the Alfa...

0:28:270:28:29

the Focus RS...

0:28:290:28:31

The Focus RS is my own personal vehicle.

0:28:310:28:35

-Right.

-That's all financed, on finance.

0:28:350:28:37

Right. The Audi?

0:28:370:28:39

-The Audi...

-And the black BM 3 series out the back.

0:28:390:28:42

It's on sale or return.

0:28:420:28:44

Right, so we need to see the paperwork for that.

0:28:440:28:46

I haven't got that at this moment in time.

0:28:460:28:48

So you didn't give the person a receipt?

0:28:480:28:50

No.

0:28:500:28:51

That's very...

0:28:510:28:53

Very trusting of him.

0:28:530:28:55

Mr Austin produces more paperwork, to rule out his car and the Alfa,

0:28:570:29:01

leaving just two within Lawrence's reach.

0:29:010:29:04

They're not worth that much, and so he now knows he's not in a position

0:29:040:29:08

to insist on full payment after all.

0:29:080:29:10

His best chance of recovering Nick Lewthwaite's missing money

0:29:100:29:15

might now rest on Mr Austin coming up with a decent offer.

0:29:150:29:18

So what were you initially proposing?

0:29:200:29:23

Well, I was thinking along the lines of I'll be happy to pay something

0:29:230:29:26

like £1,000 a month and reduce the balance that way.

0:29:260:29:29

Right. Can you kick it off with six?

0:29:290:29:32

-When?

-Now.

0:29:320:29:34

I can't physically do anything now, that's for sure.

0:29:340:29:37

Physically impossible.

0:29:370:29:39

Right... We need some kind of evidence of that, really, to be honest.

0:29:390:29:43

Mr Austin says the company has no money at all at the moment,

0:29:440:29:47

but Lawrence is sceptical.

0:29:470:29:49

As a business, you can't not be able to get your hands on some kind of money.

0:29:490:29:53

Have you got a bank statement you can show me

0:29:530:29:55

that shows your current financial state for the company?

0:29:550:29:58

No, not physically here.

0:29:580:30:01

But I would think we're about £400 overdrawn.

0:30:010:30:04

-Online?

-I can't do it online, no.

0:30:040:30:06

So you haven't got online banking at all?

0:30:060:30:09

No. Well, I have, but I can't physically do it here.

0:30:090:30:12

He does, however, manage to produce a recent e-mail from his bank.

0:30:120:30:16

There you are, look. "I note that the account is overdrawn at 484.

0:30:160:30:20

"Can you please make arrangements to repay this sum."

0:30:200:30:22

-Which we haven't done yet.

-Right.

-OK?

-Yeah.

0:30:220:30:25

-And there's only the one company bank account?

-Yeah.

0:30:250:30:27

Whilst I'm not disputing what you're saying,

0:30:270:30:29

it just seems unfathomable to me, to be honest,

0:30:290:30:32

that you've got these vehicles on sale or return.

0:30:320:30:34

So you haven't had to buy them, you just get a bit when you sell it,

0:30:340:30:37

so why has the company got no money?

0:30:370:30:39

-You know...

-Because we've paid our bills and we've kept up to date.

0:30:390:30:43

But with absolutely nothing on the table,

0:30:430:30:46

Lawrence is running out of options.

0:30:460:30:48

We need something today to get the ball rolling otherwise

0:30:480:30:51

low value that it is, I'll be obliged to take the Audi

0:30:510:30:55

because there's no evidence obviously that that is on sale or return, and the BM.

0:30:550:31:00

It's a situation they'd rather avoid,

0:31:000:31:02

especially as there's a strong possibility

0:31:020:31:05

that they do belong to customers.

0:31:050:31:07

As the two cars are the only leverage

0:31:090:31:11

the sheriffs have to squeeze any payment out of Mr Austin,

0:31:110:31:14

Lawrence calls his office to organise a tow truck.

0:31:140:31:17

All right...

0:31:200:31:22

Can you give Rob a buzz

0:31:220:31:23

and see what removal trucks he's got available?

0:31:230:31:27

Cheers, bye.

0:31:270:31:29

But rather that than coming up with the money, Mr Austin,

0:31:300:31:33

who's been working away at his computer,

0:31:330:31:35

produces a sale or return document for one of the vehicles.

0:31:350:31:39

It's not on headed paper.

0:31:410:31:43

-Yeah...

-That's the only problem.

0:31:430:31:45

Well, not quite.

0:31:450:31:47

It's not the lack of headed paper,

0:31:470:31:48

it's the lack of signature or anything.

0:31:480:31:51

But ten minutes later, that is also rectified.

0:31:520:31:56

Mr Austin pops into the back

0:31:560:31:57

and returns with signed SOR agreements for both cars.

0:31:570:32:01

Lawrence can't quite understand it.

0:32:010:32:04

Right, but you didn't have them just now,

0:32:060:32:08

so how have you got signed copies?

0:32:080:32:09

-I got them sent through.

-From where?

-From my accounts woman.

0:32:090:32:12

And she's filed and printed them. They've just printed through.

0:32:140:32:17

Sorry, they've come through from your accounts woman?

0:32:170:32:20

Yes. She does it from a remote access.

0:32:200:32:23

Mr Austin is saying the woman who does his accounts has just sent

0:32:240:32:28

the documents remotely to his printer.

0:32:280:32:30

Lawrence doesn't believe him.

0:32:300:32:32

I believe you've just written these up yourself

0:32:320:32:35

and signed them yourself,

0:32:350:32:36

so I'll just leave the trucks on their way.

0:32:360:32:38

I haven't signed them myself, but there you go.

0:32:380:32:41

At this point, Mr Austin says he needs to go and get a car MOTed

0:32:410:32:45

and starts to leave.

0:32:450:32:47

Right, I've got to go.

0:32:470:32:49

-OK then, sir.

-I can't leave you in here.

0:32:490:32:52

You can't throw us out, either.

0:32:520:32:54

All right, look, what can I give you in the form of...?

0:32:560:32:59

-You've just said...

-No, no.

0:32:590:33:00

-From me personally, what...?

-You said you couldn't do anything.

0:33:000:33:04

I will ask the question again,

0:33:040:33:06

which I've asked you repeatedly since I've been here -

0:33:060:33:09

-what can you pay?

-Can I give you 500 quid?

0:33:090:33:12

-No, it's not enough.

-Well, there you go, that's my personal account,

0:33:120:33:15

with 663 in it.

0:33:150:33:17

I can do you £500 now,

0:33:170:33:18

and then we can sort out the terms of the rest of the deal.

0:33:180:33:22

After seeing a near empty bank account

0:33:230:33:25

and faced with the choice of either £500

0:33:250:33:28

or removing some low-value cars,

0:33:280:33:30

which probably don't belong to him anyway,

0:33:300:33:33

Lawrence has finally pushed it as far as he can.

0:33:330:33:35

He takes the £500

0:33:380:33:39

and gets Mr Austin to sign up to a repayment plan for £1,000 a month.

0:33:390:33:45

There's your receipt and your card.

0:33:470:33:48

You've paid £500 today.

0:33:480:33:51

-Yep.

-You've got to pay £1,000 a month.

0:33:510:33:53

-Yep.

-If you fail to stick to the arrangement,

0:33:530:33:55

we'll come back and take whatever cars are available at the time.

0:33:550:33:58

Yep.

0:33:580:34:00

It's not the outcome they wanted, but it's all they could do.

0:34:000:34:04

Unfortunately, Karden itself, even though it looks good on paper,

0:34:040:34:10

doesn't appear to really have any assets.

0:34:100:34:12

Basically every vehicle's on sale or return,

0:34:120:34:14

so Mr Austin paid £500 out of his own account,

0:34:140:34:17

basically just to get rid of us

0:34:170:34:19

and I've signed him up to £1,000 a month,

0:34:190:34:21

which, given that there isn't actually any leverage,

0:34:210:34:24

I don't think that was a bad, bad result.

0:34:240:34:27

But, you know, we pushed as hard as we could.

0:34:270:34:30

Hopefully he'll stick to it.

0:34:300:34:32

Mr Austin told us that the finance on the Porsche was taken out by his company

0:34:320:34:36

and would have been cleared if the Lewthwaites hadn't returned the car.

0:34:360:34:40

He says he deducted money from

0:34:400:34:42

the refund to cover his costs,

0:34:420:34:44

including extra mileage on the car

0:34:440:34:46

and a screw in one of the tyres.

0:34:460:34:47

He says he only stopped the cheque after

0:34:480:34:50

the Lewthwaites threatened further legal action,

0:34:500:34:53

and he says the company tries to act fairly at all times.

0:34:530:34:56

If you've won a County Court judgment and haven't been paid,

0:34:590:35:02

for £66 you can get the case transferred up to the High Court,

0:35:020:35:06

which will issue a writ for enforcement by the sheriffs.

0:35:060:35:09

My job is to collect in full or remove goods.

0:35:090:35:14

They've got special powers of entry.

0:35:140:35:16

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

0:35:160:35:19

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

0:35:190:35:22

£1.6 million.

0:35:220:35:24

If they're successful,

0:35:260:35:27

they'll recover your money and costs from the debtor.

0:35:270:35:30

Have you got the cash now then?

0:35:300:35:32

As well as their own fees, which are set by the government.

0:35:320:35:35

She's paid, the judgment is settled.

0:35:350:35:36

Thank you very much.

0:35:360:35:38

If the sheriffs can't get your money,

0:35:380:35:41

they'll ask you to pay a fee of £75 plus VAT.

0:35:410:35:44

In the Midlands,

0:35:480:35:50

Tommy is back on the road in pursuit of another unpaid debt.

0:35:500:35:53

This time he's got his trusted partner Craig Wild with him

0:35:530:35:57

and they're about to visit a man who owes a substantial sum of money.

0:35:570:36:01

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

0:36:010:36:05

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

0:36:050:36:08

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

0:36:080:36:12

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

0:36:120:36:16

He now owes £7,381.

0:36:160:36:20

The sheriffs have been trying

0:36:220:36:24

to contact Mr Dooley,

0:36:240:36:26

but with no success.

0:36:260:36:27

We've been there numerous times before,

0:36:270:36:30

had no response at all to our letters,

0:36:300:36:33

however there's a number of vehicles...

0:36:330:36:35

..in our guy's name,

0:36:360:36:38

so the intention is today to go and remove them,

0:36:380:36:41

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

0:36:410:36:45

They reach Mr Dooley's home address,

0:36:460:36:48

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

0:36:480:36:53

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

0:36:530:36:57

There's a Volkswagen van...

0:36:570:36:59

That's free of finance.

0:36:590:37:01

So we need to get a clamp on that.

0:37:010:37:03

And also the CA61 on the drive, yeah?

0:37:030:37:06

..and a Vauxhall hatchback.

0:37:060:37:08

That's 3,200 quid, that car.

0:37:080:37:09

The sheriffs get straight to work.

0:37:110:37:13

Tommy clamps the van, while Craig tries the door.

0:37:130:37:16

As usual, there's no answer.

0:37:180:37:20

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

0:37:220:37:23

There's all these cars here.

0:37:230:37:25

The main rubbish bin's completely empty.

0:37:270:37:29

The post is still in the door.

0:37:290:37:32

I've got a phone number.

0:37:320:37:33

-Try ringing him.

-He does, but it goes straight to answerphone.

0:37:330:37:37

Hello, this is a message for Mr Kev Dooley.

0:37:390:37:43

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

0:37:430:37:46

Let's order the truck.

0:37:480:37:49

-It's all we can do.

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

0:37:490:37:52

With Mr Dooley owing upwards of £7,000,

0:37:520:37:56

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

0:37:560:37:59

But without keys for the car on the drive,

0:38:000:38:02

and another car blocking access for the tow truck,

0:38:020:38:05

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

0:38:050:38:08

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

0:38:080:38:09

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

-More than a nightmare.

0:38:090:38:13

Tommy's sceptical, but ever the optimist,

0:38:130:38:15

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

0:38:150:38:20

If they can get here for about 1:45pm, it'll be fine.

0:38:200:38:23

It's done. Sending two vehicles.

0:38:230:38:25

You're not going to get that out, mate.

0:38:250:38:27

Well, if they can't, they can't, let them try first.

0:38:270:38:29

They're the experts, aren't they?

0:38:290:38:31

I think it's going to cause a right headache.

0:38:310:38:34

The sheriffs retreat to the van to wait it out,

0:38:340:38:38

but soon Tommy spots a young man

0:38:380:38:40

who he thinks is taking an unusual amount of interest

0:38:400:38:43

-in what they're up to.

-See the red door?

0:38:430:38:46

He's been stood out the front of it watching us the whole time,

0:38:460:38:48

and he's only just gone in there.

0:38:480:38:50

-Could be the son.

-Maybe.

0:38:500:38:52

And shortly afterwards,

0:38:520:38:54

the person Tommy's seen comes over to speak to them,

0:38:540:38:57

accompanied by an older man.

0:38:570:38:59

Is it Mr Dooley?

0:38:590:39:00

-Is he?

-Yeah, he is.

0:39:020:39:04

Any way of getting in contact with him?

0:39:040:39:06

Right.

0:39:080:39:10

The man says he's just a neighbour

0:39:100:39:11

and the debtor is apparently away for another month.

0:39:110:39:15

Tommy explains he's a High Court enforcement agent

0:39:150:39:18

with a writ to execute.

0:39:180:39:19

The problem we've got at the moment, you see,

0:39:190:39:21

is they want us to remove vehicles today, which are registered to him,

0:39:210:39:25

which obviously we don't want to do, we'd rather speak to him

0:39:250:39:28

and get it sorted out, but we need to talk to him, really.

0:39:280:39:31

The only way is money.

0:39:340:39:35

It's not a small amount. I can't discuss the details.

0:39:360:39:39

Is it your father? Oh, OK.

0:39:390:39:42

He would have had letters here.

0:39:430:39:45

He'd have had letters, hand-delivered.

0:39:450:39:46

-When did he go out to Jamaica?

-Last week.

0:39:460:39:49

Craig was right.

0:39:510:39:52

The young man is Mr Dooley's son,

0:39:520:39:54

but he's not in a position to stump up several thousand pounds

0:39:540:39:57

on his dad's behalf.

0:39:570:39:59

They can't really help out, to facilitate the payment,

0:39:590:40:02

to stop the vehicles going,

0:40:020:40:03

so unfortunately it's a bit of a bad situation

0:40:030:40:06

and it looks like they're still going to be going.

0:40:060:40:10

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

0:40:100:40:12

a call comes through from the debtor's mother.

0:40:120:40:15

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

0:40:160:40:19

She says that she owns the van,

0:40:190:40:21

so doesn't think the sheriffs can remove it,

0:40:210:40:24

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

0:40:240:40:27

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

0:40:280:40:31

to put into his business.

0:40:310:40:32

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

0:40:320:40:35

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

0:40:350:40:38

Before long, the first removal truck arrives

0:40:390:40:42

and the logistical challenge begins.

0:40:420:40:45

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

0:40:450:40:48

turns out to be harder than expected,

0:40:480:40:50

thanks to its long wheelbase.

0:40:500:40:53

I don't think it'll go on.

0:40:530:40:54

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

0:40:550:40:59

If he takes it from the front,

0:40:590:41:01

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

0:41:010:41:03

and have the back end sticking off the back.

0:41:030:41:06

And this time, they have more success.

0:41:060:41:08

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

0:41:110:41:14

The issue is the wheel.

0:41:140:41:16

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

0:41:160:41:20

it's going to be a nightmare.

0:41:200:41:21

We've conquered worse.

0:41:230:41:25

Tommy's obviously caught Craig's optimism.

0:41:260:41:29

Drag it from there, I think.

0:41:300:41:32

And a plan does indeed come together.

0:41:330:41:36

The Vauxhall is unceremoniously heaved up onto the truck.

0:41:370:41:41

It's not pretty, but it works.

0:41:430:41:46

And the car is also soon on its way.

0:41:460:41:49

-That's good.

-Cheers, thanks. Take care, mate.

0:41:490:41:52

Both vehicles will be held for seven days.

0:41:560:41:59

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

0:41:590:42:01

and provided the vehicles do belong to him,

0:42:010:42:04

then they'll be sold

0:42:040:42:05

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

0:42:050:42:09

Yeah, a bit of a result.

0:42:090:42:11

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

0:42:110:42:13

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

0:42:130:42:18

So it resulted in two vehicles going.

0:42:180:42:20

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

0:42:210:42:25

and his Vauxhall has been sold at auction.

0:42:250:42:29

Meanwhile, the ownership of the van is still in dispute

0:42:290:42:32

and the matter is with the courts.

0:42:320:42:35

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

0:42:350:42:38

and that the case against him was unfounded.

0:42:380:42:41

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

0:42:410:42:44

his name was spelt incorrectly,

0:42:440:42:46

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

0:42:460:42:48

He says he hasn't appealed the judgment

0:42:480:42:51

because of the costs involved.

0:42:510:42:53

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