Episode 3 The Sheriffs Are Coming


Episode 3

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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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Ken's chasing a debt owed by an asbestos specialist with cash flow problems.

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I can't just accept £900 at the moment, no.

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But are the company's assets too dangerous to remove?

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You need a mask, etc.

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That is a lot of aggravation, to move anything in there.

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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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I don't think anyone really wants a stranger living in their house, but,

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you know, sometimes you have to do things.

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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 to

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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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Yeah, when I first met Ali he just seemed like a reasonably nice,

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young person.

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I think he was 20 or 21.

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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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He did go out every evening and he didn't get home till the early hours

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of the morning,

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and when I left for work in the morning, was still in bed.

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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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And because she'd paid so much for these college courses and he's got

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another year or so, you know,

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I just thought that they'd be good for the money.

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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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He just appeared to not even have any sense of responsibility

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or that he was ever going to pay the money back.

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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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We want payment at the end of the day, we don't want to take

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the vehicle, it's just, it's come to this.

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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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But, just like Craig's previous visits, there's no answer.

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-Brr!

-Mr Akbar, it's Mr Wild from the sheriff's office.

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If you fail to come to the door,

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we'll have to deal with the court order by removing the Astra.

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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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It normally takes well over an hour for the transport to get here,

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so that's why Craig's organising it now.

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By the time they get here, the two hours will be up.

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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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but, as you can see, we tried this morning to get him to the door,

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but their attitude is that if they don't open the door, we'll go away.

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But unfortunately this time, we won't.

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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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Using the County Courts to try to recover money you're owed isn't

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difficult. 1.5 million money claims are made every year in England and

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Wales, 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. If you're successful,

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

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

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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 the 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 the 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 and Lawrence

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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 before

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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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Mr Akbar, it seems, is in denial.

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Well, unfortunately, Mr Akbar, all letters have been left for your

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attention, you've failed to deal with it,

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so they've sent us out to remove the car today.

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You haven't, sir. The court say different.

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Well 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 say

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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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What makes you think it's not going to go?

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

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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, you've got seven days from today,

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once your assets have been removed. We'll start doing the paperwork now,

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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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We don't have many options.

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Full amount or let the vehicle go, it doesn't matter whether you let it

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go or not, it will go, and you'll get seven days.

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That's all we can do for you.

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It's 20 to nine now, you've got

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until quarter past ten, 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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Mr Akbar's offer of part payment has come too late. His previous

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failure to engage with Craig doesn't fill the sheriffs with confidence

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about the prospect of him sticking to a payment plan,

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so with a decent asset sitting in front of them,

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it's got to be the whole lot.

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

0:19:070:19:12

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

0:19:120:19:16

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

0:19:160:19:19

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

0:19:190:19:23

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

0:19:230:19:27

As they wait it out in the van,

0:19:270:19:29

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

0:19:290:19:33

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

0:19:400:19:42

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

0:19:420:19:46

we leave the vehicle clamped for two hours.

0:19:460:19:49

This is clamped.

0:19:500:19:51

It's clamped.

0:19:510:19:52

There's a clamp on the front.

0:19:540:19:56

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

0:19:560:19:59

But with his offer of payment gradually increasing, Tommy is

0:19:590:20:03

quietly confident.

0:20:030:20:05

Yeah, a bit more positive that time,

0:20:050:20:07

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

0:20:070:20:10

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

0:20:100:20:13

But later on, there's another problem

0:20:130:20:16

as the car suddenly appears to have a new owner.

0:20:160:20:19

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

0:20:210:20:25

Sheriffs can enforce well over a thousand writs a year

0:20:320:20:35

and every one is different.

0:20:350:20:37

But with 27 years in the business,

0:20:370:20:39

enforcement agent Ken Warby has just about seen it all.

0:20:390:20:43

He knows that debtors aren't always in a position to pay all in one go,

0:20:430:20:48

and he's a skilled negotiator when it comes to getting the best

0:20:480:20:51

possible deal for his clients.

0:20:510:20:54

Today, he's heading to the Essex coast for a job where his powers of

0:20:540:20:57

persuasion are going to be tested.

0:20:570:21:00

We're going to visit a company called Ideal Everything Asbestos.

0:21:000:21:05

Our claimant is owed for unpaid invoices for supplying on-site

0:21:050:21:10

equipment such as pumps and flowmeters.

0:21:100:21:15

The debtor is an asbestos removal company.

0:21:160:21:19

They were taken to court by a supplier

0:21:190:21:21

and when they didn't defend the case, a judgment was issued in default.

0:21:210:21:25

That was two months ago, and the debt still hasn't been paid.

0:21:250:21:29

Apparently, the debtor company tried to make an arrangement with the

0:21:290:21:35

claimant before it went any further.

0:21:350:21:38

But it come to nothing,

0:21:390:21:40

so obviously our claimant has lost patience and now obtained

0:21:400:21:44

a High Court writ of control.

0:21:440:21:46

So it's Ken's job to collect £4,406 outstanding.

0:21:470:21:52

Well, they are here. I've just seen this sign.

0:21:570:21:59

I had a horrible feeling for a minute that the company weren't

0:21:590:22:02

there any more, because it looked quite empty.

0:22:020:22:04

But it's the one next door.

0:22:040:22:06

There is an expensive-looking Range Rover outside

0:22:060:22:09

and company branding on the wall - all promising signs.

0:22:090:22:13

Ken goes in and has a look around.

0:22:130:22:16

It's not immediately obvious whether anyone is in.

0:22:180:22:21

But when he heads upstairs, he finds someone at their desk.

0:22:210:22:25

Knock, knock. Hello. I need to speak to the person in charge.

0:22:250:22:28

Oh...

0:22:300:22:32

Can I talk to you? If you want my ID, there you go.

0:22:320:22:34

My name is Ken Warby.

0:22:340:22:36

What it is, is a High Court writ of control against yourselves.

0:22:360:22:41

I dare say you want to call the MD on the phone.

0:22:410:22:45

The employee does just that and hands it over.

0:22:460:22:50

Thank you. Cheers.

0:22:500:22:52

Hello? Is that Daniel?

0:22:520:22:56

Danny Burke, yeah. I've got your name on here, mate.

0:22:570:23:00

It's regarding a High Court writ of control originally for £3,300,

0:23:000:23:06

and then there are sheriffs' fees involved as well,

0:23:060:23:09

which gives us a figure of £4,406 now.

0:23:090:23:12

The boss tells Ken he offered the claimant a payment plan,

0:23:120:23:16

and says he's already given them some money.

0:23:160:23:19

But Ken's instructions from his client are clear.

0:23:190:23:22

As it stands at the moment,

0:23:220:23:24

because we're here with a High Court writ of control,

0:23:240:23:26

we have to insist on full payment.

0:23:260:23:30

Mr Burke says that's impossible.

0:23:300:23:33

Oh, dear.

0:23:330:23:34

It's a tricky one for us, then, because we are instructed, you see.

0:23:340:23:38

And we have to pursue for the full amount.

0:23:380:23:42

The boss says he might be able to raise £900,

0:23:420:23:45

and he'll have the rest in a couple of weeks.

0:23:450:23:48

But it's not enough.

0:23:480:23:49

Do you want a little bit of time to maybe make a few phone calls or

0:23:490:23:52

something, to see if you can sort of like come up with this?

0:23:520:23:55

Mr Burke says he can't.

0:23:550:23:57

OK. Well, what I'm going to have to do is, I'm going to have to start

0:23:570:24:00

listing items here anyway.

0:24:000:24:02

And in the meantime, see what you can do, maybe.

0:24:020:24:07

I'm going to be hanging around here for a while.

0:24:070:24:09

I can't just accept £900 at the moment, no.

0:24:090:24:12

Cheers, pal. Bye.

0:24:120:24:14

He's telling me because of cash flow problems they've only got £900 in

0:24:170:24:22

the bank.

0:24:220:24:24

He's willing to give me that and

0:24:240:24:28

come to some arrangement.

0:24:280:24:29

He's asked me what would be acceptable.

0:24:290:24:31

I'm going to finish my list, and then we'll have another chat.

0:24:310:24:34

I'm not going to give him a definitive answer yet.

0:24:340:24:36

I want to see what they've got in the way of assets here before I accept any sort of payment plans.

0:24:360:24:42

Unfortunately, a quick glance around this office doesn't fill Ken with

0:24:430:24:46

much hope.

0:24:460:24:48

There's some standard office and computer equipment.

0:24:480:24:52

-Sorry, that is a shredder, isn't it?

-Yeah.

-That is a shredder.

0:24:520:24:56

But it's not much to bargain with

0:24:560:24:58

and his list is pretty short.

0:24:580:25:00

As sheriffs are entitled to search anywhere in a debtor's premises for

0:25:000:25:04

assets, he heads downstairs to take a look in the room below,

0:25:040:25:08

only to find it's off-limits.

0:25:080:25:11

What is it, like a testing room or something?

0:25:240:25:27

The room may contain two valuable looking microscopes,

0:25:270:25:30

but there are some places that even a sheriff won't go.

0:25:300:25:34

You need a mask etc, to go in there.

0:25:340:25:38

That is a lot of aggravation to move anything in there.

0:25:380:25:42

Plus, there's nothing else of value in there.

0:25:420:25:45

There is, however, one more microscope outside the testing room.

0:25:450:25:49

It's just the same as the two you've got in there?

0:25:490:25:52

That's not contaminated, but they will be?

0:25:520:25:54

Got it. OK. I understand.

0:25:540:25:56

Even added to the contents of the fridge,

0:25:560:25:58

one harmless and two potentially deadly microscopes aren't going to

0:25:580:26:02

raise the money Ken needs.

0:26:020:26:04

But he does have one more idea.

0:26:040:26:07

Perhaps the 4X4 he saw on the way in.

0:26:070:26:10

The car on the driveway, who owns that?

0:26:100:26:13

Is that yours? That's nice.

0:26:130:26:15

OK. Do you have any company vehicles?

0:26:150:26:18

Despite Ken's best efforts, his list isn't getting any longer.

0:26:200:26:25

The meagre offerings mean he might have to accept whatever the boss is

0:26:250:26:28

-willing to pay.

-I'm just going to give the MD a call and see if we can

0:26:280:26:33

come to some arrangement.

0:26:330:26:35

I don't think he's going to be able to come up with the full amount of

0:26:350:26:38

money today.

0:26:380:26:40

The debt stands at £4,406.

0:26:400:26:44

And on arrival, Ken wanted all of it.

0:26:440:26:47

He previously rejected the boss' offer of £900.

0:26:470:26:50

But Ken now thinks the smart move is to settle for half.

0:26:500:26:54

Hello, yeah. I'm good.

0:26:560:26:58

Right, OK. If you can come up with half of it today,

0:26:580:27:02

we can give you the two-week grace for the balance.

0:27:020:27:05

OK? What I've done is I've listed your items here.

0:27:070:27:10

If you don't pay within two weeks,

0:27:100:27:12

obviously this is going to go up quite considerably.

0:27:120:27:15

So that's what you need to be sort of aiming for.

0:27:150:27:18

The boss says he'll make a bank transfer,

0:27:180:27:20

and Ken heads back upstairs to the office to wait for it.

0:27:200:27:24

While there, he can't resist sharing his own expertise in asbestos removal.

0:27:240:27:28

I remember my dad, back in the day, erm, taking the...

0:27:280:27:34

taking the ironing board cover off and throwing it away.

0:27:340:27:39

He said, "I've heard on the news these ain't too good".

0:27:400:27:42

This must have been back in the '80s.

0:27:420:27:45

So he said, "Yeah, we'll do away with that now, just use a bit of wood,"

0:27:450:27:49

my dad used to say.

0:27:490:27:50

WOMAN LAUGHS

0:27:500:27:52

Soon, the woman shows Ken evidence of a payment the company's made to

0:27:520:27:55

the sheriffs. It's for only £900, way short of the 2,200 -

0:27:550:28:01

half the full amount - that Ken had agreed to.

0:28:010:28:05

Mr Burke is back on the phone,

0:28:050:28:06

saying he's got more money coming in later today.

0:28:060:28:09

As soon as that's done later on tonight, give me a call,

0:28:090:28:12

let me know it's been done, and I'll check it first thing in the morning.

0:28:120:28:16

I'll add that to the agreement, OK?

0:28:160:28:18

So it's £900 paid.

0:28:180:28:20

£1,300 to be paid this evening,

0:28:200:28:25

and the balance to be paid 14 days from today.

0:28:250:28:29

It's not quite the outcome Ken had wanted but,

0:28:320:28:35

satisfied he's achieved as much as he can today,

0:28:350:28:37

he hands over the controlled goods agreement to the woman in the office

0:28:370:28:41

and leaves. If her boss doesn't keep up his end of the bargain,

0:28:410:28:45

Ken will be back to remove everything on the list.

0:28:450:28:48

The value of the goods in there isn't very much.

0:28:480:28:52

£300, £400.

0:28:520:28:53

So, half payment today and the balance in a fortnight,

0:28:530:28:57

I'm pretty confident he'll get that paid.

0:28:570:29:00

So, all in all, not bad.

0:29:000:29:02

Ken never needs to return.

0:29:040:29:06

The company paid the remainder of the debt in full and their supplier

0:29:060:29:09

has now got the money they were owed.

0:29:090:29:12

ID Everything Asbestos Limited told us that since filming,

0:29:120:29:15

the company's been bought out and is under new management.

0:29:150:29:18

The debt was incurred by the previous manager.

0:29:180:29:21

When debtors can't pay on the spot...

0:29:290:29:32

I'm assuming that you haven't got £5,000. Oh, dear.

0:29:320:29:34

..the sheriffs won't always remove assets to get your money.

0:29:340:29:39

Goods go for about a fifth of their true value at auction and it's often

0:29:390:29:43

better to agree to a payment plan.

0:29:430:29:45

If you can come up with half of it today...

0:29:450:29:48

Do you reckon you can do 200 a week?

0:29:480:29:50

..they'll make a list of assets...

0:29:500:29:52

Ice machine. Bar chiller cabinets.

0:29:520:29:55

Television, PlayStation.

0:29:550:29:56

..and a controlled goods agreement is signed,

0:29:560:29:59

making it an offence for anyone else to remove them.

0:29:590:30:03

You sign the form. It acts as security.

0:30:030:30:06

The sheriffs will only return to take the goods if the debtor fails

0:30:060:30:10

-to make payments.

-I've signed him up for £1,000 a month.

0:30:100:30:14

Providing you stick to that, you won't hear from us again.

0:30:140:30:17

High Court enforcement agents will do whatever they can to get the

0:30:230:30:26

money you're owed. But if the debtor simply doesn't have the money or assets,

0:30:260:30:30

the sheriffs are often confronted with a very difficult situation.

0:30:300:30:34

In the south-east, Lawrence Grix is on his way to visit a car workshop.

0:30:340:30:39

Well, we're just coming into Camberley in Surrey at the moment.

0:30:390:30:43

We've got a judgment against a gentleman

0:30:430:30:45

by the name of Mike Sweeney, trading as Modena.

0:30:450:30:49

He's... It's some kind of garage he runs.

0:30:490:30:52

Mr Sweeney owes money to a parts supplier,

0:30:540:30:57

and has been taken to court.

0:30:570:30:59

His debt now stands at £5,015.

0:30:590:31:02

It seems Mr Sweeney's keen

0:31:050:31:07

to get the matter resolved.

0:31:070:31:09

He's been on the phone, offering a payment arrangement, but once again,

0:31:090:31:13

we can't put somebody on an arrangement unless we've taken

0:31:130:31:16

control of goods to secure the debt.

0:31:160:31:18

And also, we need to evaluate what assets there are there,

0:31:180:31:21

because if he's got sufficient assets to clear the debt,

0:31:210:31:24

then we'll be removing them in accordance with the writ.

0:31:240:31:27

Besides, car-mad Lawrence never turns down the opportunity to have

0:31:270:31:31

a nose around someone else's garage.

0:31:310:31:33

I like to have a little look around garages,

0:31:330:31:36

see what equipment they've got.

0:31:360:31:37

It is taunting me, really, because I'd like to have a nice, big

0:31:370:31:41

workshop myself, where I could work on my vehicles under cover, but I

0:31:410:31:44

don't suppose that'll be the case any time soon!

0:31:440:31:47

Lawrence doesn't yet know whether the debtor's workshop is going to

0:31:470:31:50

turn him green with envy, but he's about to find out.

0:31:500:31:54

Hello, mate.

0:32:010:32:02

You the boss? No?

0:32:020:32:05

Mike Sweeney, the boss, yeah?

0:32:050:32:06

Is he about? Cheers.

0:32:060:32:08

Well, he's in the right place and it sounds like Mr Sweeney's here,

0:32:080:32:13

-but is he about to pay?

-My name's Mr Grix.

0:32:130:32:16

I'm an enforcement agent.

0:32:160:32:18

You've got a High Court writ against you, trading as Modena,

0:32:180:32:20

outstanding debt of £5,015.24, sir, which needs to be paid.

0:32:200:32:26

I'm aware you phoned up to try to go on instalments.

0:32:260:32:29

Unfortunately, the writ orders us out to take control of goods

0:32:290:32:32

to clear the debt and from what I can see,

0:32:320:32:35

you've probably got sufficient goods to clear the debt.

0:32:350:32:39

They're not your assets?

0:32:390:32:41

Mr Sweeney says everything here is owned by someone else and begins

0:32:420:32:45

looking for a copy of his lease which he says will prove it.

0:32:450:32:49

While he does that, Lawrence has a look around himself.

0:32:490:32:53

But while there's plenty for him to get excited about on a personal

0:32:530:32:56

-level...

-Nice little Ferrari here, all being refurbished.

0:32:560:33:00

-A couple of Porsches, there.

-..there's not much to get his sheriff's sense tingling.

0:33:000:33:05

All the vehicles that are here generally belong to customers who

0:33:050:33:08

have put them in here for restoration, so there's not...

0:33:080:33:11

Not a massive amount of...

0:33:110:33:12

..of assets here, to be honest.

0:33:140:33:16

There are some tools and machinery,

0:33:160:33:18

but Mr Sweeney seems to be saying they belong to someone else.

0:33:180:33:21

Lawrence wants to know more.

0:33:210:33:23

So what is it that comes with the lease? The two post lifts?

0:33:230:33:26

Oh, right, so... So, basically, without prying too much,

0:33:300:33:33

you were struggling and sold all the assets off to raise some capital,

0:33:330:33:37

and you now rent them back?

0:33:370:33:39

Lawrence is beginning to suspect his chances of getting paid in full

0:33:400:33:44

today are slim. Still, he'll need to see the paperwork to be sure,

0:33:440:33:49

and Mr Sweeney can't seem to find it.

0:33:490:33:52

Not got a copy of it on your computer or anything like that?

0:33:520:33:55

And this was a couple of years ago, was it?

0:33:550:33:58

How much money was involved?

0:33:580:34:00

Have you got evidence of the money going into your bank account?

0:34:040:34:06

Can you bring up online statements, and show a lump going in?

0:34:060:34:10

Oh, because the problem we've got,

0:34:100:34:12

whilst I don't dispute what you're telling me, at the moment,

0:34:120:34:15

there is no evidence to...

0:34:150:34:17

Mr Sweeney has found what he was looking for.

0:34:180:34:21

All right, let's have a little look, see what we've got here.

0:34:230:34:26

It's the details of the lease he has on the premises,

0:34:280:34:31

including a list of the equipment he sold to the landlord.

0:34:310:34:34

That's a very complete inventory, isn't it?

0:34:340:34:37

One of the best inventories I've seen, to be honest.

0:34:370:34:39

-Is it?

-Even down to the rubbish bins!

0:34:390:34:41

And you've bought no other kit, since?

0:34:440:34:46

Yeah. This obviously proves that the goods have been sold, so...

0:34:460:34:50

That's that side of things.

0:34:520:34:53

Lawrence has now established that he can't remove the garage's equipment

0:34:530:34:57

to cover the debt, so he tries a new tack.

0:34:570:35:00

I mean, asking the obvious, I'm assuming, then,

0:35:000:35:02

that you haven't got £5,000.

0:35:020:35:04

Well, there's no harm in asking.

0:35:040:35:06

Is there anybody that can help you out with that?

0:35:060:35:10

So what can you come up with?

0:35:100:35:12

Lawrence suspects he's telling the truth,

0:35:140:35:15

but isn't going to leave without

0:35:150:35:17

-pursuing every avenue possible.

-What about a vehicle?

0:35:170:35:20

Erm...

0:35:200:35:22

Lawrence goes to check it out.

0:35:250:35:27

This one here, yeah? But that, too, proves to be a dead-end.

0:35:270:35:31

That won't scratch the surface of the debt, to be honest.

0:35:310:35:35

The car's 11 years old and covered in dents and scrapes.

0:35:350:35:39

Satisfied he's seen enough,

0:35:390:35:40

Lawrence resurrects Mr Sweeney's offer of a payment plan.

0:35:400:35:44

What are you proposing?

0:35:440:35:46

Right, so that's going to take the best part of two years to pay off,

0:35:470:35:51

because you've got interest going on at 95p per day which, unfortunately,

0:35:510:35:55

even though you're clearing the debt, will still go on at 95p per day.

0:35:550:35:59

It's fixed on the original debt, until the writ is cleared.

0:35:590:36:02

When would you be looking to make the first payment?

0:36:020:36:05

Monday the 16th?

0:36:050:36:07

They shake on the deal.

0:36:090:36:10

OK, so... Keep your payments up.

0:36:100:36:13

And Lawrence has done the best he can.

0:36:140:36:17

That was one of those jobs, basically,

0:36:170:36:20

Mr Sweeney had previously sold all the assets to somebody else,

0:36:200:36:25

so he has got no assets at this business.

0:36:250:36:29

He managed to dig out the paperwork.

0:36:290:36:31

There was a full inventory, even down to, you know,

0:36:310:36:34

the most silly items like pictures on the wall and everything.

0:36:340:36:38

So basically,

0:36:380:36:40

I had to set up an arrangement and let's hope he sticks to it.

0:36:400:36:43

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

0:36:520:36:56

a Mr Ali Akbar.

0:36:560:36:59

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

0:36:590:37:02

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

0:37:020:37:05

or else his car will be going.

0:37:050:37:07

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

0:37:070:37:10

which have been rejected.

0:37:100:37:12

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

0:37:120:37:16

sheriffs a curveball.

0:37:160:37:18

The car's yours now, is it?

0:37:190:37:22

When, when did you get it?

0:37:220:37:24

You bought it yesterday, did you?

0:37:240:37:26

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

0:37:260:37:28

-How much?

-How much for, my love?

0:37:280:37:30

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

0:37:300:37:33

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

0:37:330:37:35

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

0:37:350:37:38

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

0:37:380:37:43

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

0:37:460:37:49

Craig's having none of it.

0:37:490:37:50

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

0:37:500:37:54

Yeah, unfortunately...

0:37:560:37:58

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

0:37:580:38:01

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

0:38:010:38:03

If the Akbars want to stop this vehicle being removed,

0:38:030:38:06

they're going to have to do better than that.

0:38:060:38:08

He was claiming that the car was his all the time.

0:38:080:38:11

All of a sudden, he's come out with the bottom half of the V5 document,

0:38:110:38:14

saying he's sold it now to his mother or sister.

0:38:140:38:17

Clearly, the indication was, it was his car this morning,

0:38:170:38:20

so it won't prevent us from removing the vehicle today.

0:38:200:38:23

But the Akbars aren't giving up just yet.

0:38:230:38:26

The plot thickens when Craig

0:38:260:38:28

overhears a conversation in the doorway.

0:38:280:38:31

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

0:38:310:38:33

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

0:38:330:38:37

Well, I can.

0:38:370:38:38

Well, it is my business.

0:38:400:38:43

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

0:38:440:38:48

now, it would be too late.

0:38:480:38:50

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

0:38:500:38:53

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

0:38:530:38:56

of the vehicle, prior to it being sold.

0:38:560:38:58

Meanwhile, Mr Akbar has reappeared on the driveway,

0:38:580:39:02

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

0:39:020:39:05

Strange, isn't it?

0:39:050:39:07

Yeah, unusual, he seems to be going.

0:39:070:39:11

Perhaps he's gone to get some money.

0:39:110:39:13

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

0:39:130:39:17

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

0:39:170:39:21

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

-It's not too bad.

0:39:210:39:24

This wing is, there's something...

0:39:270:39:29

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

0:39:290:39:32

Driver's side rear wing.

0:39:320:39:35

Time is running out for Mr Akbar,

0:39:350:39:37

who soon returns, but has he come bearing cash?

0:39:370:39:41

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

0:39:410:39:45

Are we paying it today or not?

0:39:450:39:47

Because they're literally ten minutes away.

0:39:470:39:50

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

0:39:540:39:56

All right.

0:40:000:40:01

OK, we'll have to remove it, then,

0:40:010:40:03

but we'll leave all the paperwork for you, all right?

0:40:030:40:08

You'll get it back in the same condition it is now if you pay the

0:40:080:40:11

full bill, plus the storage costs, plus the removal fee for today.

0:40:110:40:14

If it's not, then, obviously, you can take them to court for damages.

0:40:140:40:18

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

0:40:180:40:23

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

0:40:230:40:27

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

0:40:270:40:29

-In seven days? No?

-Do you want to take your stuff out first?

0:40:290:40:33

Have you got any personal stuff in there, yeah?

0:40:330:40:35

Yeah, get your stuff out, mate.

0:40:350:40:36

Tommy removes the clamp.

0:40:360:40:38

Job's a good'un.

0:40:420:40:44

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

0:40:440:40:46

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

0:40:460:40:49

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

0:40:490:40:52

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

0:40:520:40:55

which increases its value.

0:40:550:40:57

Yeah, it's seven days and then they

0:41:010:41:03

have to put it into a public auction.

0:41:030:41:06

You can.

0:41:070:41:09

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

0:41:090:41:13

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

0:41:130:41:16

and just as the truck prepares to drive off,

0:41:160:41:19

that's exactly what he starts talking about.

0:41:190:41:21

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

0:41:240:41:28

It's gone.

0:41:320:41:34

Mr Akbar has missed his chance.

0:41:360:41:39

The sheriffs leave their paperwork.

0:41:390:41:41

-There you go, my friend.

-All right?

0:41:410:41:43

Take it easy. Take care of yourself, yeah?

0:41:430:41:45

-Ta-ra.

-See you later, mate.

-And their work is done.

0:41:450:41:47

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

0:41:470:41:51

today by trying to transfer ownership.

0:41:510:41:53

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

0:41:530:41:55

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

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

0:41:550:41:59

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

0:41:590:42:03

The sheriffs are on their way.

0:42:030:42:06

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

0:42:060:42:09

and his car was subsequently returned.

0:42:090:42:13

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

0:42:130:42:17

Really, really good news. The sheriffs went round.

0:42:170:42:20

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

0:42:200:42:24

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

0:42:240:42:29

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

0:42:290:42:32

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

0:42:320:42:37

Definitely, definitely go through the Small Claims Court because

0:42:370:42:40

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

0:42:400:42:44

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

0:42:440:42:48

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