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-Meet the sheriffs. -My name is Mr Grix. My colleagues and I are enforcement agents. | 0:00:03 | 0:00:07 | |
They work for the High Court and if it says you are owed money, | 0:00:07 | 0:00:10 | |
it's their job to go and get it. | 0:00:10 | 0:00:12 | |
I'm here for £6,072.18. | 0:00:12 | 0:00:16 | |
They can demand payment on the spot... | 0:00:16 | 0:00:18 | |
I'm here for the full balance. | 0:00:18 | 0:00:20 | |
How are you going to pay it? | 0:00:20 | 0:00:21 | |
..or remove assets instead. | 0:00:21 | 0:00:24 | |
The car will be going unless you can pay it. | 0:00:24 | 0:00:26 | |
You will have a week to pay in full before it gets sold at auction. | 0:00:26 | 0:00:29 | |
Obstructing their work can be a criminal offence. | 0:00:29 | 0:00:33 | |
I wouldn't do that if I were you. | 0:00:33 | 0:00:34 | |
The door needs to stay open. | 0:00:34 | 0:00:36 | |
Every year in England and Wales | 0:00:38 | 0:00:39 | |
unpaid debts totalling more than £80 million are recovered by the sheriffs. | 0:00:39 | 0:00:45 | |
Coming up: | 0:00:48 | 0:00:50 | |
Valerie Hull spent £10,000 on a boat, only to discover it was a wreck. | 0:00:50 | 0:00:56 | |
The engine was rusty and in pieces, basically. | 0:00:56 | 0:01:01 | |
But the man who sold it is in no hurry to refund her cash. | 0:01:01 | 0:01:06 | |
Can I pay £1,000 now and pay the rest shortly? | 0:01:06 | 0:01:09 | |
We have to collect that today. | 0:01:09 | 0:01:10 | |
At a demolition company, Lawrence eyes up some seriously heavy goods. | 0:01:12 | 0:01:17 | |
We've been sent to this address today to take control of goods | 0:01:17 | 0:01:20 | |
which at the moment are the excavators and the crusher. | 0:01:20 | 0:01:22 | |
Ken meets a debtor with an identity crisis. | 0:01:22 | 0:01:26 | |
This guy, in a roundabout way, is trying to palm me off. | 0:01:26 | 0:01:29 | |
And Chris tells a wok seller it's time to pay his debt. | 0:01:29 | 0:01:33 | |
Tell him we're here with a High Court writ and it's for us to take | 0:01:33 | 0:01:37 | |
everything out of the property. | 0:01:37 | 0:01:38 | |
Enforcement agents Craig Wild and Tommy Coyle are in the van | 0:01:43 | 0:01:46 | |
and on the motorway before the sun is up. | 0:01:46 | 0:01:49 | |
They've got a High Court writ for more than £12,000 | 0:01:49 | 0:01:52 | |
against a member of the public and they are on their way | 0:01:52 | 0:01:55 | |
to his home address. | 0:01:55 | 0:01:56 | |
It's early in the morning, it's just 7 o'clock, | 0:01:56 | 0:02:00 | |
we are off to a little village which is just south of Birmingham. | 0:02:00 | 0:02:03 | |
We are going to see Mr Jason Holdsworth. | 0:02:03 | 0:02:05 | |
It's in relation to a boat that Mr Holdsworth sold on eBay which wasn't | 0:02:05 | 0:02:10 | |
apparently fit for purpose. | 0:02:10 | 0:02:12 | |
Mr Holdsworth sold the boat to Valerie Hull. | 0:02:12 | 0:02:15 | |
She and her partner had their hearts set on owning a boat | 0:02:15 | 0:02:18 | |
and, after months of deliberation, had decided to take the plunge. | 0:02:18 | 0:02:22 | |
We had retired. It seemed a good idea to be able to go to the Tewkesbury Marina | 0:02:23 | 0:02:28 | |
and have some leisure time on this boat. | 0:02:28 | 0:02:31 | |
I'm not saying we'll ever go out to sea on it but it just was a nice way of | 0:02:31 | 0:02:35 | |
relaxing and enjoying our retirement. | 0:02:35 | 0:02:38 | |
When they found what they thought was a good deal online | 0:02:38 | 0:02:40 | |
for a Crownline 250 CR, they leapt at the opportunity. | 0:02:40 | 0:02:44 | |
The pictures of it were beautiful. It was in excellent condition. | 0:02:44 | 0:02:48 | |
Couldn't see any fault with it, | 0:02:48 | 0:02:49 | |
and at £10,000 it seemed like a really good buy. | 0:02:49 | 0:02:54 | |
The seller was Jason Holdsworth and he invited them to his house | 0:02:54 | 0:02:58 | |
-to talk it over. -He was a very amenable chap, | 0:02:58 | 0:03:01 | |
he was lively, polite, welcomed us into his home. | 0:03:01 | 0:03:05 | |
We sat down, chatted about the boat and the good condition it was in. | 0:03:05 | 0:03:08 | |
But there was one problem. Mr Holdsworth said he needed a quick sale. | 0:03:08 | 0:03:12 | |
He said that where it was moored, which was Cardiff Yacht Club, | 0:03:13 | 0:03:18 | |
he was having to pay £150 a week for it to stay there. | 0:03:18 | 0:03:23 | |
It was too far away to go and see it at short notice | 0:03:23 | 0:03:26 | |
so, fearful of losing out, | 0:03:26 | 0:03:28 | |
Valerie and her partner agreed to a blind purchase. | 0:03:28 | 0:03:31 | |
And the arrangement was the next day, just after nine o'clock, | 0:03:33 | 0:03:36 | |
I would put the money into his bank account by bank transfer | 0:03:36 | 0:03:40 | |
and he would pay for having it delivered from Cardiff to Tewkesbury. | 0:03:40 | 0:03:45 | |
But no sooner had Valerie stumped up the cash, | 0:03:45 | 0:03:48 | |
Mr Holdsworth called to change the arrangement. | 0:03:48 | 0:03:51 | |
An hour later I got a phone call from Mr Holdsworth saying we couldn't | 0:03:51 | 0:03:55 | |
have the boat Thursday now, it would be the following week. | 0:03:55 | 0:03:58 | |
We were a little bit perplexed because we thought in that | 0:03:59 | 0:04:02 | |
time limit, we could have actually gone to Cardiff and looked at it, | 0:04:02 | 0:04:05 | |
but we didn't see the point, | 0:04:05 | 0:04:07 | |
I'd already put the money in his bank account, so we just left it. | 0:04:07 | 0:04:10 | |
The boat was delivered the following week, but Valerie was in for a shock. | 0:04:10 | 0:04:15 | |
First there was the delivery. | 0:04:15 | 0:04:17 | |
The company that had towed it there asked for the fee for towing it | 0:04:17 | 0:04:22 | |
and we said that was part of the deal, it was a free tow. | 0:04:22 | 0:04:26 | |
He went, "No, he hasn't paid us." | 0:04:26 | 0:04:28 | |
And then there was the boat itself. | 0:04:28 | 0:04:30 | |
It's damp, it's musty, inside the fridge it was rusty. | 0:04:30 | 0:04:34 | |
All the wiring was hanging inside the boat, | 0:04:35 | 0:04:38 | |
so none of the wiring was connected at all. | 0:04:38 | 0:04:41 | |
The front leather seats, which in the pictures were beautiful white seats, | 0:04:41 | 0:04:45 | |
were actually dark grey and torn. | 0:04:45 | 0:04:48 | |
And the engine in the engine bay | 0:04:48 | 0:04:51 | |
was rusty and in pieces, basically. | 0:04:51 | 0:04:54 | |
It was just horrible. | 0:04:54 | 0:04:56 | |
There was every indication that it had gone underwater | 0:04:57 | 0:05:00 | |
at some point in its life. | 0:05:00 | 0:05:02 | |
I just said, "This is not right." | 0:05:02 | 0:05:06 | |
It didn't even have a propeller and it couldn't be put in the water. | 0:05:06 | 0:05:10 | |
As the couple were inexperienced, they sought a second opinion. | 0:05:10 | 0:05:13 | |
An engineer came, did a report for us and he said, "This engine is rusty, | 0:05:14 | 0:05:19 | |
"it's not going to turn, it's never going to be any good | 0:05:19 | 0:05:23 | |
"and, quite frankly, my advice is to try and get your money back | 0:05:23 | 0:05:27 | |
"because it's not going to do anything, this boat, at all." | 0:05:27 | 0:05:30 | |
The couple began trying to get their money back from Mr Holdsworth. | 0:05:30 | 0:05:34 | |
They had hoped he would be responsive, but it wasn't to be. | 0:05:34 | 0:05:37 | |
We did try various things, we went through all the right sequences, | 0:05:38 | 0:05:43 | |
but even when we rang him on his mobile, he ignored us. | 0:05:43 | 0:05:47 | |
He just cut us off. | 0:05:47 | 0:05:49 | |
I don't even know whether he thinks in his own mind he did anything wrong. | 0:05:49 | 0:05:52 | |
Court was the only option and the couple won their case when Jason didn't attend. | 0:05:53 | 0:05:57 | |
But he still hasn't paid them back and, in the meantime, they are | 0:05:57 | 0:06:01 | |
forking out more than £300 a month in mooring fees | 0:06:01 | 0:06:04 | |
when they don't even have a usable boat. | 0:06:04 | 0:06:08 | |
It's heartbreaking, really. | 0:06:08 | 0:06:10 | |
We are pensioners, we are retired. | 0:06:10 | 0:06:12 | |
It's an awful lot of money, perhaps not to a lot of people, I don't know, | 0:06:15 | 0:06:20 | |
but to us it's an incredible amount of money to lose. | 0:06:20 | 0:06:25 | |
All we can do now is leave it with the sheriffs and keep our fingers | 0:06:25 | 0:06:28 | |
crossed and hope that they will be able to do something for us. | 0:06:28 | 0:06:32 | |
Tommy and Craig are on the outskirts of Birmingham. | 0:06:39 | 0:06:42 | |
More than 60 miles from the nearest coastline, it's an unlikely location | 0:06:42 | 0:06:46 | |
to find a boat dealer. | 0:06:46 | 0:06:48 | |
Nevertheless, it appears to be where Mr Holdsworth lives. | 0:06:48 | 0:06:51 | |
They think they're on the right road, | 0:06:52 | 0:06:54 | |
but there's no sign of any boats conveniently sitting on a driveway. | 0:06:54 | 0:06:58 | |
Also, all the houses here just seem to have numbers, | 0:06:58 | 0:07:01 | |
when they have only been given a name. | 0:07:01 | 0:07:03 | |
I can't see it. I think it's back there. | 0:07:03 | 0:07:05 | |
But Craig thinks he's worked it out. | 0:07:05 | 0:07:08 | |
It's this one here. | 0:07:08 | 0:07:09 | |
So they pull up and try their luck. | 0:07:09 | 0:07:11 | |
Hello, sir. | 0:07:12 | 0:07:14 | |
Sorry to disturb you. I'm trying to find a property called The Stables. | 0:07:14 | 0:07:17 | |
Any idea? | 0:07:19 | 0:07:20 | |
But the man says this isn't it and he's not Jason. | 0:07:20 | 0:07:23 | |
You are not him, no? This isn't The Stables? | 0:07:27 | 0:07:29 | |
-Right. -But something tells Craig that the man knows more than he is | 0:07:29 | 0:07:32 | |
letting on. | 0:07:32 | 0:07:34 | |
Cos on the back of your jacket, it's got Holdsworth. | 0:07:34 | 0:07:36 | |
And that's not all. | 0:07:37 | 0:07:39 | |
Sir, is Jason your son, is he, | 0:07:39 | 0:07:40 | |
or summat? And this is The Stables, yeah? | 0:07:40 | 0:07:43 | |
Down the bottom there, on the brick. | 0:07:43 | 0:07:45 | |
Craig is right on the money. | 0:07:49 | 0:07:51 | |
The man shows him ID. | 0:07:51 | 0:07:53 | |
-Fantastic. -And he is indeed Jason's father. | 0:07:53 | 0:07:57 | |
He says Jason doesn't live here and he will try to get him on the phone. | 0:07:57 | 0:08:01 | |
A bit early for him, I suppose, isn't it? | 0:08:04 | 0:08:07 | |
What do you do yourself? | 0:08:08 | 0:08:10 | |
Construction. | 0:08:10 | 0:08:11 | |
Oh, right, yeah, new builds. | 0:08:15 | 0:08:17 | |
Craig is not getting far with his small talk and Mr Holdsworth senior | 0:08:17 | 0:08:21 | |
heads off for a meeting, leaving the sheriffs alone on the driveway. | 0:08:21 | 0:08:25 | |
Just as they wonder what to do next, Jason appears on foot. | 0:08:27 | 0:08:30 | |
-Are you all right? -Hello, mate, Jason, is it? | 0:08:30 | 0:08:33 | |
-Yes. -Hi, I'm Mr Wild. | 0:08:33 | 0:08:36 | |
-How are you? -Not too bad. | 0:08:36 | 0:08:37 | |
It's to do with a High Court writ, a court order, for... | 0:08:37 | 0:08:42 | |
..Valerie Hull. | 0:08:43 | 0:08:44 | |
She's obviously took a court order against you | 0:08:45 | 0:08:48 | |
for some boat or something you sold. | 0:08:48 | 0:08:51 | |
Jason clearly knows all about the case and invites the sheriffs in | 0:08:53 | 0:08:56 | |
to explain. | 0:08:56 | 0:08:58 | |
Got my solicitor to reply to the order and that's all I've heard. | 0:09:00 | 0:09:04 | |
Jason claims he thought the legal process wasn't over, | 0:09:04 | 0:09:07 | |
but it is and the sheriffs are here to collect. | 0:09:07 | 0:09:10 | |
The balance stands at the moment at just over £12,000. | 0:09:10 | 0:09:13 | |
It's gone up by £2,000? | 0:09:13 | 0:09:15 | |
At the moment you've incurred £1,200 enforcement fees, | 0:09:15 | 0:09:19 | |
£535 judgment costs, and £129 interest. | 0:09:19 | 0:09:23 | |
It's more bad news for Jason. | 0:09:23 | 0:09:26 | |
Sheriffs don't work for free and, by not paying the court order | 0:09:26 | 0:09:29 | |
when it was due, the bill has gone up. | 0:09:29 | 0:09:32 | |
Are you in a position to pay that? | 0:09:32 | 0:09:33 | |
No. What happens with the boat that she's got of mine? | 0:09:33 | 0:09:36 | |
It's worth 12-£15,000. | 0:09:36 | 0:09:38 | |
The order that I've got at the moment is just to recover the money from you. | 0:09:38 | 0:09:44 | |
When he didn't defend the case in court, | 0:09:44 | 0:09:46 | |
Ms Hull was granted a default judgment and Jason lost his chance to ask | 0:09:46 | 0:09:50 | |
for the return of the boat to be included on the order. | 0:09:50 | 0:09:54 | |
If they want the boat, that's fine. | 0:09:54 | 0:09:56 | |
I could sell the boat quite easily... | 0:09:56 | 0:09:58 | |
for more than... | 0:09:58 | 0:10:00 | |
..they paid. Yeah, yeah. | 0:10:00 | 0:10:01 | |
Unfortunately, the court order commands us to come along today and demand | 0:10:01 | 0:10:05 | |
-payment from you. -Yes. | 0:10:05 | 0:10:07 | |
Ms Hull doesn't want the boat and Mr Holdsworth is welcome to it back, | 0:10:07 | 0:10:12 | |
but he'll have to organise that himself. | 0:10:12 | 0:10:14 | |
Craig doesn't do boat delivery. | 0:10:14 | 0:10:16 | |
He is just here for the money owed. | 0:10:16 | 0:10:18 | |
All right, can I pay that this weekend? | 0:10:18 | 0:10:21 | |
We have to collect that today. | 0:10:21 | 0:10:23 | |
Um... What time? | 0:10:25 | 0:10:27 | |
I can, yeah, I'm just waiting for some money to come through from another | 0:10:27 | 0:10:30 | |
boat today which is 12 and a half. | 0:10:30 | 0:10:32 | |
-Right. -But he hasn't paid it this morning. | 0:10:32 | 0:10:34 | |
-Right. OK. -But I can pay it. | 0:10:34 | 0:10:36 | |
I even checked this morning and it hasn't come through yet. | 0:10:36 | 0:10:39 | |
-Right. -So as soon as that's in, I'll pay the balance, that's fine. | 0:10:39 | 0:10:42 | |
Can't I pay £1,000 now and pay the rest shortly? | 0:10:42 | 0:10:45 | |
Craig is not keen on vague promises of future payment, | 0:10:45 | 0:10:49 | |
so Jason's dad steps in, | 0:10:49 | 0:10:51 | |
offering to pay on his cards and from his savings account, | 0:10:51 | 0:10:55 | |
but he'll have to make a trip to the bank when it opens in an hour or so's time. | 0:10:55 | 0:10:59 | |
Craig doesn't want to wait around, | 0:11:01 | 0:11:02 | |
but he's also not willing to leave without a guarantee of getting | 0:11:02 | 0:11:06 | |
Valerie's money, so he comes up with a plan. | 0:11:06 | 0:11:09 | |
The Stables is where you live which is just further down the lane, is it? | 0:11:09 | 0:11:12 | |
-Yes. -Have you got a vehicle? | 0:11:12 | 0:11:14 | |
-Yeah, I've got some cars there. -If I can list something down now, | 0:11:14 | 0:11:17 | |
you sign the form, it acts as security until nine o'clock. | 0:11:17 | 0:11:21 | |
Provided Jason's vehicles are worth enough, then a control of goods agreement could be the answer. | 0:11:22 | 0:11:27 | |
It would effectively give the sheriffs ownership of the cars until the debt is paid off. | 0:11:27 | 0:11:32 | |
Jason's house is close by and, on arrival, the sheriffs see just what they want on the driveway. | 0:11:33 | 0:11:39 | |
There is his Jag there. | 0:11:39 | 0:11:41 | |
A large motor, isn't it? | 0:11:42 | 0:11:43 | |
The Range Rover and the pick-up behind. | 0:11:43 | 0:11:46 | |
That will do. | 0:11:46 | 0:11:48 | |
Only one of the cars is on finance | 0:11:48 | 0:11:50 | |
and the other two will do nicely. | 0:11:50 | 0:11:53 | |
So Craig gets straight down to business. | 0:11:53 | 0:11:55 | |
The two vehicles act as security. | 0:11:56 | 0:11:58 | |
If I can get you to sign and print your name there for me. | 0:11:58 | 0:12:02 | |
Sure. | 0:12:02 | 0:12:03 | |
The deal is done but Jason isn't particularly happy about it. | 0:12:04 | 0:12:07 | |
He still says there was nothing wrong with the boat he sold Ms Hull. | 0:12:07 | 0:12:12 | |
What I think is they found out it's going to be £5,000 a year | 0:12:12 | 0:12:14 | |
to keep the boat in the water and they didn't want the boat any more, | 0:12:14 | 0:12:18 | |
so basically I said, "Look, if you want to bring the boat back to the yard, | 0:12:18 | 0:12:22 | |
"get it delivered back to the yard on a trailer, | 0:12:22 | 0:12:24 | |
"then we can have a look at obviously refunding your money." | 0:12:24 | 0:12:27 | |
I didn't hear anything back from them for a few months and then got the court letter | 0:12:27 | 0:12:32 | |
saying that I owed £10,500. | 0:12:32 | 0:12:33 | |
I rang my solicitor, she dealt with it all, | 0:12:33 | 0:12:36 | |
they've sent me a letter back to The Stables, which I haven't received. | 0:12:36 | 0:12:39 | |
OK, lovely. | 0:12:39 | 0:12:40 | |
Cheers. | 0:12:40 | 0:12:41 | |
-Cheers, guys. Take care. -Thanks for your time, mate. Take care. | 0:12:41 | 0:12:44 | |
Nevertheless, the court made its decision and Jason must now pay his debt in full. | 0:12:44 | 0:12:50 | |
The sheriffs are confident he will. | 0:12:50 | 0:12:51 | |
I think they've got the money all day long. | 0:12:51 | 0:12:54 | |
They are going to pay at ten o'clock in full. | 0:12:54 | 0:12:56 | |
Clearly he signed control of the goods of his vehicles over to the custody of the court | 0:12:56 | 0:12:59 | |
so if they don't pay, | 0:12:59 | 0:13:00 | |
we'll be back this afternoon to remove them. | 0:13:00 | 0:13:03 | |
Mr Holdsworth did indeed settle his bill later in the day | 0:13:03 | 0:13:06 | |
and Valerie has finally got her money back. | 0:13:06 | 0:13:09 | |
Absolutely brilliant. | 0:13:09 | 0:13:12 | |
We can now carry on with our retirement... | 0:13:12 | 0:13:14 | |
..hopefully look forward to getting back on the water with another boat. | 0:13:16 | 0:13:20 | |
We are just so happy we've got the money back. | 0:13:20 | 0:13:23 | |
And she has some words of advice for any other prospective boat buyers. | 0:13:23 | 0:13:27 | |
Don't do what we did. | 0:13:27 | 0:13:28 | |
Always go and view something like this before you purchase it, | 0:13:28 | 0:13:31 | |
that's a definite. | 0:13:31 | 0:13:33 | |
But if you do get in the same position, don't give up. | 0:13:33 | 0:13:36 | |
Using the County Courts to try to recover money you are owed | 0:13:45 | 0:13:48 | |
isn't difficult. 1.5 million money claims are made every year | 0:13:48 | 0:13:52 | |
in England and Wales, | 0:13:52 | 0:13:54 | |
involving anything from faulty goods or poor workmanship to unpaid invoices. | 0:13:54 | 0:13:58 | |
Claims can be filed by post or online for a small fee. | 0:14:00 | 0:14:04 | |
Both parties in the case will be asked to submit evidence and you may have | 0:14:04 | 0:14:08 | |
to attend a court hearing. | 0:14:08 | 0:14:10 | |
If you are successful, | 0:14:10 | 0:14:12 | |
a County Court judgment or CCJ will be issued against the debtor and if | 0:14:12 | 0:14:16 | |
they still don't pay, that's when you call the sheriffs. | 0:14:16 | 0:14:19 | |
Enforcing a writ often requires the sheriffs to draw on all of their | 0:14:24 | 0:14:28 | |
powers of persuasion and negotiation. | 0:14:28 | 0:14:30 | |
These tactics work best when the debtor is willing to engage in a | 0:14:30 | 0:14:33 | |
meaningful dialogue. | 0:14:33 | 0:14:35 | |
But occasionally, debtors simply don't want to play ball. | 0:14:36 | 0:14:40 | |
In the South East today, | 0:14:40 | 0:14:41 | |
sheriffs Lawrence Grix and Kev McNally are about to demonstrate that | 0:14:41 | 0:14:45 | |
persistence is another useful skill to have. | 0:14:45 | 0:14:48 | |
This morning we are on our way to Pyecombe in West Sussex, | 0:14:48 | 0:14:51 | |
just outside Brighton. | 0:14:51 | 0:14:53 | |
We're going to see Wealden Haulage & Demolition Limited. | 0:14:53 | 0:14:56 | |
And this debt is relating to... | 0:14:56 | 0:14:59 | |
..tipper hire charges, crushed concrete haulage, and muck away. | 0:15:01 | 0:15:07 | |
In other words, waste disposal services, supplied by another company, | 0:15:08 | 0:15:12 | |
who haven't been paid. | 0:15:12 | 0:15:14 | |
Wealden Haulage & Demolition Limited were taken to court and didn't | 0:15:14 | 0:15:18 | |
offer a defence. So judgment was entered by default. | 0:15:18 | 0:15:21 | |
Three months later, and they still haven't paid, | 0:15:23 | 0:15:26 | |
but the sheriffs are hoping to finally make sure they do. | 0:15:26 | 0:15:28 | |
They owe a total of £16,335. | 0:15:28 | 0:15:33 | |
They actually operate off a farm, so we're going to go there. | 0:15:35 | 0:15:39 | |
As they turn into the address, | 0:15:40 | 0:15:42 | |
they immediately set eyes on a haulage truck. | 0:15:42 | 0:15:45 | |
This is the right place, innit? | 0:15:45 | 0:15:46 | |
They head past the farm shop and up the track towards a house. | 0:15:47 | 0:15:53 | |
Hello. Hello, you two, hello! | 0:15:55 | 0:15:56 | |
-Morning, sir. -Hello. | 0:15:58 | 0:15:59 | |
I'm looking for Wealden Haulage & Demolition Limited. | 0:15:59 | 0:16:02 | |
-That's me. -That's you. | 0:16:02 | 0:16:04 | |
It's Markus Saich, the company director. | 0:16:04 | 0:16:07 | |
We have a High Court writ to execute against Wealden Haulage & | 0:16:07 | 0:16:09 | |
Demolition. The amount outstanding today is £16,335.99. | 0:16:09 | 0:16:14 | |
-Right. -We're ordered now to take control of goods to that value | 0:16:14 | 0:16:18 | |
-to clear the debt. -Right. | 0:16:18 | 0:16:19 | |
And the only way to prevent further action is to pay in full. | 0:16:19 | 0:16:22 | |
Yeah, but I've applied to the courts to have that set aside, | 0:16:22 | 0:16:24 | |
and I'm waiting to hear back so... | 0:16:24 | 0:16:26 | |
Right, an application doesn't stop enforcement, sir. | 0:16:26 | 0:16:28 | |
I'm told... I'm told it does. | 0:16:28 | 0:16:30 | |
-By a solicitor? -Yeah. | 0:16:30 | 0:16:31 | |
Yeah, no, it doesn't. | 0:16:31 | 0:16:32 | |
Is this your private residence, or is the business actually run from here? | 0:16:32 | 0:16:35 | |
The business is run from down there, this is my private residence. | 0:16:35 | 0:16:38 | |
Right. I'm assuming you don't want goods removed. | 0:16:38 | 0:16:40 | |
No, I don't know what goods you are going to remove, | 0:16:40 | 0:16:42 | |
cos there isn't anything here that isn't on HP. | 0:16:42 | 0:16:45 | |
But before Lawrence can probe the details, Mr Saich simply walks off. | 0:16:46 | 0:16:50 | |
It's a bizarre turn of events, but Lawrence isn't fazed. | 0:16:52 | 0:16:56 | |
I'm just going to make a note of some registrations, | 0:16:56 | 0:16:58 | |
then we'll go down to where the business is run from, | 0:16:58 | 0:17:01 | |
because we're more likely to find some assets down there, I would think. | 0:17:01 | 0:17:04 | |
The sheriffs get in the van and drive back to the farm shop, | 0:17:04 | 0:17:07 | |
where it looked like Mr Saich was headed. | 0:17:07 | 0:17:11 | |
As they approach, Kev thinks he spots movement inside. | 0:17:11 | 0:17:14 | |
-He's in there. -What, in the shop? | 0:17:14 | 0:17:15 | |
-Yeah. -Is that where he is? | 0:17:15 | 0:17:16 | |
Yeah. | 0:17:16 | 0:17:17 | |
But any hopes that they may have found Mr Saich soon evaporate. | 0:17:19 | 0:17:24 | |
No, it's shut. | 0:17:24 | 0:17:25 | |
The farm shop is locked, and there's no sign of anyone inside. | 0:17:26 | 0:17:31 | |
There was someone in there, 100%, and there's no-one else around, | 0:17:31 | 0:17:34 | |
-is there? -No. There might be an office at the back or something. | 0:17:34 | 0:17:37 | |
Lawrence has a nose around, but there's no other way in, | 0:17:38 | 0:17:41 | |
and still no sign of Mr Saich. | 0:17:41 | 0:17:44 | |
Their best option now to get the debt paid is to identify some company assets, | 0:17:44 | 0:17:49 | |
which, on paper, should be straightforward. | 0:17:49 | 0:17:51 | |
They've got fixed assets of 674 grand, or they did have in November '15. | 0:17:51 | 0:17:57 | |
So they've got a hell of a lot of assets. | 0:17:57 | 0:17:59 | |
The problem is, not many of them seem to be here. | 0:17:59 | 0:18:02 | |
We've got 4X4s and things outside the house, | 0:18:02 | 0:18:05 | |
which he's turned around and said are all on finance. | 0:18:05 | 0:18:08 | |
But whether they belong to the company or not... | 0:18:08 | 0:18:11 | |
There's also this tipper. | 0:18:11 | 0:18:12 | |
That truck's what we need, really. | 0:18:12 | 0:18:14 | |
But it's massive. | 0:18:14 | 0:18:15 | |
We can't really clamp it, can we? | 0:18:15 | 0:18:17 | |
No. Definitely! | 0:18:17 | 0:18:19 | |
I don't think there is a clamp on the market that will get on the wheel of | 0:18:19 | 0:18:22 | |
one of those. Cos that would have to go on an articulated low-loader. | 0:18:22 | 0:18:26 | |
Or possibly be dragged, but if you are going to drag it, | 0:18:26 | 0:18:30 | |
you've got to take all the driveshafts out. | 0:18:30 | 0:18:33 | |
-It's a pig of a job. -It's too much for now, | 0:18:33 | 0:18:36 | |
especially because if the debtor's appeal is successful, | 0:18:36 | 0:18:39 | |
then the sheriffs wouldn't be able to recover the costs. | 0:18:39 | 0:18:42 | |
So with no assets and Mr Saich unwilling to cooperate, | 0:18:42 | 0:18:45 | |
this time the sheriffs will have to call it quits - for now. | 0:18:45 | 0:18:49 | |
We'll check out all the vehicle registrations. | 0:18:49 | 0:18:52 | |
If any of them do come back to the company and they're clear of finance, | 0:18:52 | 0:18:55 | |
we can come back and take them. | 0:18:55 | 0:18:57 | |
So at the moment, I'm just going to leave paperwork, and that's that. | 0:18:57 | 0:19:01 | |
Later, the saga continues when the sheriffs pay | 0:19:02 | 0:19:05 | |
Wealden Haulage & Demolition another visit. | 0:19:05 | 0:19:09 | |
Enforcement agent Ken Warby is no mug, | 0:19:21 | 0:19:24 | |
and today his nose to sniff out a tall story is going to come in handy. | 0:19:24 | 0:19:29 | |
He's on his way to Aylesbury in Buckinghamshire | 0:19:29 | 0:19:32 | |
in search of a local businessman. | 0:19:32 | 0:19:34 | |
We are going to visit someone called Mr Rostami, | 0:19:34 | 0:19:38 | |
trading as LJ's Nightclub. | 0:19:38 | 0:19:41 | |
Mr Ebi Rostami's been sued by a woman who was injured | 0:19:42 | 0:19:45 | |
after slipping in his club. A court's ordered him to pay, but he hasn't, | 0:19:45 | 0:19:50 | |
so it's Ken's job to collect £5,213, | 0:19:50 | 0:19:54 | |
including costs and fees. | 0:19:54 | 0:19:57 | |
It turns out Ken is no stranger to the nightclub scene himself. | 0:19:58 | 0:20:02 | |
Give me a half of shandy, and... | 0:20:04 | 0:20:07 | |
I can pull a few shapes on the dance floor, absolutely. | 0:20:07 | 0:20:10 | |
But sadly, we won't get to see that today, | 0:20:10 | 0:20:12 | |
as it seems the nightclub has shut down. | 0:20:12 | 0:20:15 | |
We was there a couple of weeks ago, and that's empty, | 0:20:15 | 0:20:18 | |
so we're turning our attentions now to this new address. | 0:20:18 | 0:20:21 | |
Sheriffs are permitted to visit any address where they believe | 0:20:23 | 0:20:25 | |
the debtor may have assets, | 0:20:25 | 0:20:27 | |
and they've been told Mr Rostami also runs a cafe. | 0:20:27 | 0:20:31 | |
This second business could be the key to Ken getting his claimant's money. | 0:20:31 | 0:20:35 | |
He reaches Aylesbury, | 0:20:36 | 0:20:38 | |
parks up... | 0:20:38 | 0:20:40 | |
and heads into town on foot, passing the nightclub on the way. | 0:20:40 | 0:20:45 | |
Just checking to see no-one's moved back in there, | 0:20:45 | 0:20:48 | |
but it is as it was a couple of weeks ago. | 0:20:48 | 0:20:51 | |
Off to the cafe, and hopefully our guy is there. | 0:20:51 | 0:20:53 | |
The cafe is just down the road, and Ken heads in. | 0:20:55 | 0:20:58 | |
Hello. I wanted to speak to Mr Rostami. | 0:21:05 | 0:21:08 | |
He's the owner, yeah?. | 0:21:12 | 0:21:13 | |
I need to speak to him urgently. | 0:21:13 | 0:21:15 | |
Can someone get hold of him? | 0:21:15 | 0:21:18 | |
Thank you. | 0:21:19 | 0:21:21 | |
The barwoman heads off to see if she can track down Mr Rostami, | 0:21:21 | 0:21:25 | |
and shortly afterwards a man appears from the back. | 0:21:25 | 0:21:28 | |
Hello. | 0:21:28 | 0:21:30 | |
It's Mr Rostami I want to speak to. | 0:21:30 | 0:21:32 | |
Sorry, are you a... Are you a manager here? | 0:21:34 | 0:21:37 | |
In fact, although Ken has no way of knowing it, this is Mr Rostami, | 0:21:37 | 0:21:42 | |
and he's being somewhat economical with the truth. | 0:21:42 | 0:21:44 | |
He's not here? | 0:21:48 | 0:21:51 | |
Right. | 0:21:53 | 0:21:54 | |
Well, you need to get him on the phone, | 0:21:55 | 0:21:57 | |
because I need to speak to him urgently, thank you. | 0:21:57 | 0:21:59 | |
Cheers. | 0:22:01 | 0:22:03 | |
Mr Rostami walks off, and although he doesn't know the full story, | 0:22:03 | 0:22:06 | |
Ken smells a rat. | 0:22:06 | 0:22:07 | |
Well, this is interesting. I think this guy, in a roundabout way, | 0:22:07 | 0:22:10 | |
is trying to palm me off to someone else. | 0:22:10 | 0:22:13 | |
But first impressions, yeah, plenty of assets in here, so, um... | 0:22:13 | 0:22:18 | |
we'll wait and see. | 0:22:18 | 0:22:20 | |
One asset that particularly catches Ken's eye | 0:22:22 | 0:22:24 | |
is a grand piano in the corner. | 0:22:24 | 0:22:26 | |
Taken a few away in my time. | 0:22:26 | 0:22:28 | |
They can fetch good money, | 0:22:28 | 0:22:29 | |
but they've got to be a good make. | 0:22:29 | 0:22:31 | |
Get the odd Steinway, they're worth quite a few grand. | 0:22:31 | 0:22:33 | |
Not sure what make that is. | 0:22:35 | 0:22:37 | |
First impressions, it's not a Steinway. | 0:22:37 | 0:22:39 | |
It's ten minutes since Mr Rostami disappeared | 0:22:41 | 0:22:43 | |
before a new member of staff comes to speak to Ken, | 0:22:43 | 0:22:47 | |
and now it seems the story has changed. | 0:22:47 | 0:22:50 | |
Right. We were informed that the guy owned this as well. | 0:22:57 | 0:23:00 | |
Right, OK. Did he used to own this, then? | 0:23:02 | 0:23:04 | |
Right. I need to speak to the owner, | 0:23:06 | 0:23:08 | |
because I've got a High Court writ of control, | 0:23:08 | 0:23:10 | |
which gives me authority to remove goods from here in lieu of an | 0:23:10 | 0:23:14 | |
outstanding amount that he owes. | 0:23:14 | 0:23:16 | |
So you need to make some phone calls | 0:23:16 | 0:23:19 | |
and get him or her down here straightaway. | 0:23:19 | 0:23:22 | |
So while one staff member thinks Mr Rostami owns the cafe, | 0:23:22 | 0:23:25 | |
another seems to know nothing about it. | 0:23:25 | 0:23:28 | |
Ken's not sure what exactly is going on, | 0:23:28 | 0:23:31 | |
but he knows better than to take the barman's word for it. | 0:23:31 | 0:23:34 | |
"He doesn't own this, Michelle owns this." | 0:23:34 | 0:23:36 | |
Well, I'm not going to go away on that basis. | 0:23:36 | 0:23:39 | |
I need to speak to the supposed owner or new owner of this place, | 0:23:39 | 0:23:43 | |
and I need some proof that she is the owner here - | 0:23:43 | 0:23:46 | |
bills, business rates et cetera - | 0:23:46 | 0:23:49 | |
before I walk out the door without any money. | 0:23:49 | 0:23:52 | |
Soon enough, a woman turns up who appears to be a manager. | 0:23:52 | 0:23:57 | |
Hello. | 0:23:57 | 0:23:59 | |
Are you Michelle? | 0:23:59 | 0:24:00 | |
Our cameraman obliges and steps out onto the street. | 0:24:06 | 0:24:10 | |
Ken follows shortly afterwards, | 0:24:12 | 0:24:14 | |
and it seems Michelle has told him the same thing as the barman. | 0:24:14 | 0:24:18 | |
She just confirms that he shut the nightclub down, this guy, | 0:24:18 | 0:24:21 | |
and he has nothing to do with this place. | 0:24:21 | 0:24:23 | |
I said, "I need to see some proof that you are the sole owner of this place." | 0:24:23 | 0:24:26 | |
She said, "Well, it's going through." | 0:24:26 | 0:24:29 | |
And then I said, is your name on the business rates? | 0:24:29 | 0:24:31 | |
She said, "No, it's still his name." | 0:24:31 | 0:24:32 | |
I said, "You need to find this money and find it all, | 0:24:32 | 0:24:34 | |
"because I will be removing your goods." | 0:24:34 | 0:24:39 | |
So we're going to wait and see. | 0:24:39 | 0:24:41 | |
She's gone to make a few phone calls. | 0:24:41 | 0:24:43 | |
I'm just going to get back in there and | 0:24:43 | 0:24:46 | |
tough this one out, I think. | 0:24:46 | 0:24:47 | |
If Mr Rostami has indeed sold the business to this Michelle, | 0:24:50 | 0:24:53 | |
it must've been fairly recently. | 0:24:53 | 0:24:56 | |
There's even still a job advert in the window with his name and mobile | 0:24:56 | 0:24:59 | |
number on it. Not to mention his earlier appearance behind the bar. | 0:24:59 | 0:25:03 | |
Ken is not going to walk away from this one in a hurry. | 0:25:04 | 0:25:07 | |
And soon enough, there is an offer of payment. | 0:25:08 | 0:25:11 | |
She said that she can't come up with the full amount of money but she can | 0:25:11 | 0:25:15 | |
come up with £2,000 and she has offered to clear the debt in three weeks. | 0:25:15 | 0:25:20 | |
So rather than shut the business down, | 0:25:20 | 0:25:23 | |
which in effect is what it will do if we remove everything from there, | 0:25:23 | 0:25:26 | |
I'm going to get on and do that now and hopefully that will be good enough for the client. | 0:25:26 | 0:25:32 | |
The news is she is actually, um... | 0:25:32 | 0:25:35 | |
Mr Rostami's ex-wife, | 0:25:35 | 0:25:37 | |
so that's the connection. | 0:25:37 | 0:25:39 | |
Dig a little bit deeper and we always get the truth in the end. | 0:25:41 | 0:25:43 | |
Ken heads back in, | 0:25:44 | 0:25:46 | |
where he persuades Michelle to part with a further £213 up front, | 0:25:46 | 0:25:51 | |
leaving a neat £3,000 to pay over three weeks. | 0:25:51 | 0:25:55 | |
Ken's confident she'll make good on her promise. | 0:25:55 | 0:25:58 | |
I'm pretty sure they're going to have the funds. | 0:25:58 | 0:26:00 | |
It's quite a good result, really, | 0:26:00 | 0:26:01 | |
because originally I was given the story | 0:26:01 | 0:26:03 | |
the guy had nothing to do with her place any more and that isn't quite the case, | 0:26:03 | 0:26:08 | |
so a good result for the client, on to the next job. | 0:26:08 | 0:26:11 | |
Following filming, the debt owed by Mr Rostami was paid in full. | 0:26:12 | 0:26:17 | |
The young woman who was injured in LJ's nightclub | 0:26:17 | 0:26:19 | |
has now got the money awarded to her by the court. | 0:26:19 | 0:26:23 | |
When debtors can't pay on the spot... | 0:26:32 | 0:26:35 | |
I'm assuming you haven't got £5,000. | 0:26:35 | 0:26:37 | |
-Oh, dear. -..the sheriffs won't always remove assets to get your money. | 0:26:37 | 0:26:42 | |
Goods go for about a fifth of their true value at auction, | 0:26:42 | 0:26:45 | |
and it's often better to agree to a payment plan. | 0:26:45 | 0:26:48 | |
If you can come up with half of it today... | 0:26:48 | 0:26:50 | |
Do you reckon you can do 200 a week? | 0:26:50 | 0:26:52 | |
They will make a list of assets... | 0:26:53 | 0:26:55 | |
Ice machine, bar chiller cabinets. | 0:26:55 | 0:26:57 | |
Television, PlayStation. | 0:26:57 | 0:27:00 | |
..and a controlled goods agreement is signed, | 0:27:00 | 0:27:02 | |
making it an offence for anyone else to remove them. | 0:27:02 | 0:27:05 | |
When you sign the form, it acts as security. | 0:27:05 | 0:27:09 | |
The sheriffs will only return to take the goods | 0:27:09 | 0:27:11 | |
if the debtor fails to make payments. | 0:27:11 | 0:27:14 | |
I've signed him up for £1,000 a month. | 0:27:14 | 0:27:16 | |
Providing you stick to that, you won't hear from us again. | 0:27:16 | 0:27:19 | |
Most of the sheriffs' cases involve enforcing judgments made in the County Courts | 0:27:25 | 0:27:30 | |
as a result of money claims, | 0:27:30 | 0:27:32 | |
but a small minority of the cases stem from employment tribunals, | 0:27:32 | 0:27:36 | |
which are similar to courts, | 0:27:36 | 0:27:37 | |
and where workers can turn if they believe they have been treated unfairly by an employer. | 0:27:37 | 0:27:42 | |
About 80,000 claims are made every year, | 0:27:42 | 0:27:45 | |
and if they are successful, typically the tribunal will award a financial settlement. | 0:27:45 | 0:27:51 | |
It's one of these cases which this morning takes Tommy and Craig into the centre of Birmingham. | 0:27:51 | 0:27:56 | |
We're off down to Green Street in B12. | 0:27:56 | 0:28:00 | |
Going to see a company called AJS Midlands Limited. | 0:28:00 | 0:28:03 | |
The liability itself is just over £9,000, | 0:28:03 | 0:28:05 | |
so it is not a small amount of money, by any stretch of the imagination. | 0:28:05 | 0:28:08 | |
A tribunal has judged AJS Midlands Limited and its MD Jason King | 0:28:08 | 0:28:14 | |
racially discriminated against an employee and dismissed him unfairly. | 0:28:14 | 0:28:19 | |
It awarded compensation | 0:28:19 | 0:28:21 | |
but, six months down the line, | 0:28:21 | 0:28:23 | |
AJS still hasn't come up with the money, | 0:28:23 | 0:28:25 | |
which means they now owe £9,364. | 0:28:25 | 0:28:29 | |
But there has been some indication the company is willing to pay. | 0:28:29 | 0:28:34 | |
The actual defendant company has been in touch | 0:28:34 | 0:28:36 | |
to say they want to try and negotiate a payment plan. | 0:28:36 | 0:28:41 | |
The sheriffs aren't ruling that out, | 0:28:41 | 0:28:43 | |
but their writ requires them to seek full payment if they can. | 0:28:43 | 0:28:46 | |
They'll only settle for less if they really have to. | 0:28:46 | 0:28:50 | |
It's down to me and Tommy to go there today and find out what the | 0:28:50 | 0:28:53 | |
situation really is and | 0:28:53 | 0:28:55 | |
get them on a payment plan or payment in full. | 0:28:55 | 0:28:59 | |
-This is Green Street. -This is it. | 0:28:59 | 0:29:01 | |
So we are looking for AJS Midlands Limited. | 0:29:01 | 0:29:05 | |
Oh, AJS, yeah. Big place. | 0:29:05 | 0:29:07 | |
The sheriffs find the address, park up and head in. | 0:29:07 | 0:29:10 | |
The entrance leads them to the customer area, | 0:29:13 | 0:29:15 | |
where they try to get a hearing with Mr King. | 0:29:15 | 0:29:18 | |
-Hello, sir. -Is the director of the company about at all? | 0:29:18 | 0:29:21 | |
My name is Mr Wild, on behalf of the High Court. | 0:29:23 | 0:29:26 | |
The employee goes off to speak to the boss, | 0:29:28 | 0:29:30 | |
but when he returns, it seems the urgency of the sheriffs' visit has | 0:29:30 | 0:29:34 | |
been lost in translation. | 0:29:34 | 0:29:35 | |
Is there anyone else you can get from finance or anything like that? | 0:29:42 | 0:29:45 | |
Right. Ideally, we need to speak to the director. | 0:29:48 | 0:29:51 | |
He won't be available, you say? | 0:29:52 | 0:29:54 | |
Right. | 0:29:59 | 0:30:01 | |
But production is of no concern to the sheriffs. | 0:30:01 | 0:30:03 | |
Their claimant has already waited six months for his money and if this | 0:30:03 | 0:30:07 | |
unscheduled visit is inconvenient, the company only has itself to blame. | 0:30:07 | 0:30:12 | |
So Craig tries again. | 0:30:12 | 0:30:14 | |
The issue that I've got is obviously a sensitive one. | 0:30:14 | 0:30:18 | |
But it's to do with the court order. | 0:30:18 | 0:30:20 | |
But if he doesn't want to see me now and get it resolved, | 0:30:20 | 0:30:23 | |
then unfortunately we have to resolve it for them, | 0:30:23 | 0:30:26 | |
which he wouldn't want us to do. | 0:30:26 | 0:30:27 | |
So if you want to go and reiterate that to him, | 0:30:27 | 0:30:29 | |
if he can give the job to somebody else of changing the tool and have a | 0:30:29 | 0:30:33 | |
chat with us, that's fine, | 0:30:33 | 0:30:34 | |
or if he can get in contact with the accountant we can talk to her | 0:30:34 | 0:30:37 | |
as well. All right? | 0:30:37 | 0:30:39 | |
Thank you very much. | 0:30:39 | 0:30:40 | |
Firm but fair. | 0:30:45 | 0:30:46 | |
While they wait to find out if Mr King plans to see them, | 0:30:47 | 0:30:51 | |
the sheriffs weigh up their leverage. | 0:30:51 | 0:30:52 | |
There aren't many assets in reception but if these products are | 0:30:54 | 0:30:57 | |
manufactured here, it seems likely there will be valuable machinery | 0:30:57 | 0:31:00 | |
out back. Once they have gleaned the little they can, | 0:31:00 | 0:31:04 | |
Craig kills time by showing off some photos from the road. | 0:31:04 | 0:31:07 | |
When you get these complicated jobs, | 0:31:07 | 0:31:09 | |
you need professional people behind you. | 0:31:09 | 0:31:13 | |
That's Tommy when he had hair. | 0:31:13 | 0:31:14 | |
He spent a lot of time out in Thailand. | 0:31:14 | 0:31:17 | |
Back in my Bondi Beach days. | 0:31:17 | 0:31:19 | |
-Quite the surfer dude. -Quite the surfer. | 0:31:19 | 0:31:23 | |
Meanwhile, the man at reception has returned. | 0:31:23 | 0:31:25 | |
He hasn't brought Mr King with him, | 0:31:25 | 0:31:27 | |
but things might be moving in the right direction. | 0:31:27 | 0:31:30 | |
I can. Who is going to sort it out? | 0:31:34 | 0:31:38 | |
All right, OK. So, | 0:31:38 | 0:31:39 | |
as you can see the director of the company might be making a payment. | 0:31:39 | 0:31:43 | |
The sheriffs had been expecting the company to try to negotiate a payment plan, | 0:31:43 | 0:31:47 | |
and it's not yet clear how much Mr King is planning to pay on the spot. | 0:31:47 | 0:31:52 | |
When word comes back that he has made a bank transfer, Tommy calls | 0:31:52 | 0:31:55 | |
-the office. -Can you check the account, please. | 0:31:55 | 0:31:59 | |
Sure enough, a payment has been made and it is for the whole £9,364. | 0:31:59 | 0:32:05 | |
Brilliant. Cheers, Lawrence. Bye-bye. | 0:32:05 | 0:32:08 | |
Yeah, all sorted. I will do you a receipt. | 0:32:08 | 0:32:11 | |
Mr King may not have made an appearance but it seems with the sheriffs at reception, | 0:32:11 | 0:32:16 | |
he has decided to settle the debt after all, | 0:32:16 | 0:32:18 | |
much to the sheriffs' delight. | 0:32:18 | 0:32:20 | |
The director said, "I can't talk to anybody at the moment." | 0:32:20 | 0:32:23 | |
But we explained it was to do with the court order and I think when that information | 0:32:23 | 0:32:27 | |
was relayed back to him, he knew exactly who we were, what we | 0:32:27 | 0:32:30 | |
were there for and the job's a good'un. | 0:32:30 | 0:32:32 | |
Yeah, it's a good result for the claimant, and for us. | 0:32:32 | 0:32:34 | |
Six months after he was awarded his compensation, the worker who was the | 0:32:34 | 0:32:39 | |
victim of racial discrimination and was unfairly dismissed | 0:32:39 | 0:32:42 | |
has finally got the money he is owed. | 0:32:42 | 0:32:44 | |
Lawrence and Kev are once again on the trail of a debt owed by | 0:32:55 | 0:32:59 | |
a company called Wealden Haulage & Demolition Limited. | 0:32:59 | 0:33:02 | |
They previously visited the company's registered address, | 0:33:02 | 0:33:05 | |
which was on a farm. | 0:33:05 | 0:33:06 | |
This is the right place, innit? | 0:33:06 | 0:33:08 | |
But the director, Markus Saich, was far from helpful... | 0:33:08 | 0:33:11 | |
..and the only real asset there wasn't going anywhere in a hurry. | 0:33:13 | 0:33:17 | |
That will have to go on an articulated low loader. | 0:33:17 | 0:33:20 | |
Or possibly be dragged. | 0:33:20 | 0:33:22 | |
Other vehicles seen at the site have now been confirmed as being on | 0:33:22 | 0:33:26 | |
finance and further contact with Mr Saich hasn't come to much. | 0:33:26 | 0:33:30 | |
The director did contact me saying that there was an order from | 0:33:32 | 0:33:35 | |
the court stopping enforcement, | 0:33:35 | 0:33:37 | |
but despite repeated requests he hasn't provided that. | 0:33:37 | 0:33:41 | |
So as far as we're concerned this writ is still live. | 0:33:41 | 0:33:44 | |
So far, they've had the doors shut in their face at every turn, | 0:33:44 | 0:33:48 | |
but the sheriffs don't give up easily | 0:33:48 | 0:33:50 | |
and now they've got a new lead, | 0:33:50 | 0:33:52 | |
a tip-off of a site where Wealden might be operating. | 0:33:52 | 0:33:56 | |
So they're going there in the hope of collecting the £19,000 now owing. | 0:33:56 | 0:34:00 | |
On arrival, it appears to be | 0:34:01 | 0:34:03 | |
some kind of aggregate processing facility. | 0:34:03 | 0:34:06 | |
There aren't any signs mentioning the debtor company | 0:34:06 | 0:34:09 | |
but Lawrence spots a man working on the site and tries his luck. | 0:34:09 | 0:34:13 | |
Morning. | 0:34:13 | 0:34:14 | |
I'm looking for Wealden Haulage & Demolition. | 0:34:16 | 0:34:20 | |
That's you? My name's Mr Grix. | 0:34:20 | 0:34:21 | |
My colleague and I are enforcement agents, | 0:34:21 | 0:34:23 | |
we've got a High Court writ against Wealden Haulage & Demolition. | 0:34:23 | 0:34:26 | |
We're ordered here today to take control of goods, | 0:34:26 | 0:34:28 | |
which, by the looks of it, are the excavator and the crusher. | 0:34:28 | 0:34:32 | |
Are you able to get him on the phone? | 0:34:32 | 0:34:34 | |
-Thank you very much. -The man said it's the right place | 0:34:34 | 0:34:37 | |
and the machines they expected to see are here. | 0:34:37 | 0:34:40 | |
So far, so good... | 0:34:40 | 0:34:41 | |
..until Lawrence is handed the phone. | 0:34:43 | 0:34:45 | |
Morning, sir. | 0:34:46 | 0:34:47 | |
Was it you I met at the other address at your house? | 0:34:49 | 0:34:52 | |
It is indeed the company director, Markus Saich. | 0:34:52 | 0:34:54 | |
We've been sent to this address today, sir, to take control | 0:34:54 | 0:34:57 | |
of goods which, at the moment, is the excavators and the crusher. | 0:34:57 | 0:35:01 | |
Once again, Lawrence is told everything is on finance. | 0:35:01 | 0:35:05 | |
Have you got paperwork to that effect? | 0:35:05 | 0:35:07 | |
Are you able to get that to us? | 0:35:07 | 0:35:08 | |
-You're not? -Mr Saich says if Lawrence wants the paperwork | 0:35:09 | 0:35:13 | |
-he can come and get it. -Right, well, I'm not coming there, sir, | 0:35:13 | 0:35:16 | |
because I'm here and I'm going to be taking these goods into control. | 0:35:16 | 0:35:19 | |
I can't take them into control at your other premises, can I? | 0:35:19 | 0:35:23 | |
But not only is Mr Saich refusing to bring the documents the sheriffs | 0:35:23 | 0:35:27 | |
need to see, | 0:35:27 | 0:35:28 | |
he's now once again claiming that enforcement action has been stopped | 0:35:28 | 0:35:31 | |
by the courts. Lawrence is sceptical. | 0:35:31 | 0:35:34 | |
You told me weeks ago, sir, | 0:35:34 | 0:35:36 | |
there was an order from the court stopping execution. | 0:35:36 | 0:35:39 | |
I've asked you repeatedly for that and you haven't provided it. | 0:35:39 | 0:35:43 | |
It hasn't been stopped until you find out what's going on. | 0:35:43 | 0:35:46 | |
I have a live writ. | 0:35:46 | 0:35:48 | |
OK, then, sir, call the police. | 0:35:49 | 0:35:51 | |
It would be far more helpful if you have got... | 0:35:51 | 0:35:53 | |
Oh, there you go. | 0:35:53 | 0:35:55 | |
Actually, it'd be a good thing if the police turn up now. | 0:35:55 | 0:35:58 | |
That might prompt him to get down here | 0:35:58 | 0:35:59 | |
and that'd be better for us. It's one of the ways we can progress | 0:35:59 | 0:36:02 | |
this one at the moment. | 0:36:02 | 0:36:03 | |
Otherwise, Mr Saich's reluctance to cooperate is once again leaving the | 0:36:05 | 0:36:09 | |
sheriffs in a tricky position. | 0:36:09 | 0:36:11 | |
If the machinery really doesn't belong to Wealden Haulage | 0:36:11 | 0:36:14 | |
& Demolition Limited, then removing | 0:36:14 | 0:36:16 | |
it would be a very expensive mistake. | 0:36:16 | 0:36:19 | |
But it doesn't sound like the director's going to help them put | 0:36:19 | 0:36:22 | |
the ownership beyond doubt. | 0:36:22 | 0:36:24 | |
The director of the company doesn't really want to speak to us. | 0:36:24 | 0:36:27 | |
Whenever you get a job where you can't establish some kind of | 0:36:27 | 0:36:29 | |
sensible dialogue, it's really awkward to get any kind of | 0:36:29 | 0:36:32 | |
resolution one way or the other. | 0:36:32 | 0:36:34 | |
If the vehicles are leased from somebody, just give us the paperwork | 0:36:34 | 0:36:37 | |
-and we can go away. -As it is, | 0:36:37 | 0:36:39 | |
the sheriffs will have to work it out for themselves, | 0:36:39 | 0:36:42 | |
so they head inside the yard for a closer look. | 0:36:42 | 0:36:45 | |
But as they do, the worker present asks our camera to leave and shuts | 0:36:45 | 0:36:50 | |
the gates behind him. | 0:36:50 | 0:36:51 | |
Seeing the chain go on, Lawrence gives the man a warning. | 0:36:52 | 0:36:55 | |
I know that obviously your boss is telling you to do things but I just | 0:36:56 | 0:37:00 | |
have to advise you, from your point of view, | 0:37:00 | 0:37:02 | |
it is a criminal offence to obstruct us. | 0:37:02 | 0:37:04 | |
So I'm just advising you on a personal level | 0:37:04 | 0:37:07 | |
because I wouldn't want you doing anything that puts you personally in | 0:37:07 | 0:37:11 | |
jeopardy because you're following your boss's instructions. | 0:37:11 | 0:37:14 | |
The employee goes back to work while the sheriffs have a nose around. | 0:37:16 | 0:37:20 | |
However, their exploration of the site reveals nothing beside | 0:37:20 | 0:37:24 | |
the huge amounts of concrete | 0:37:24 | 0:37:26 | |
and no further clues to the ownership of the machines. | 0:37:26 | 0:37:29 | |
There's a building next to the yard with another company's name over the | 0:37:29 | 0:37:33 | |
door, so Kev heads in to ask what, if anything, | 0:37:33 | 0:37:36 | |
they can tell the sheriffs about the crusher and the diggers. | 0:37:36 | 0:37:40 | |
He soon returns with news. | 0:37:40 | 0:37:42 | |
-That crusher's financed and it's owned by this lot. -Yeah. | 0:37:42 | 0:37:45 | |
But he got his boss on the phone and he was like, "Yeah, no, no, | 0:37:45 | 0:37:47 | |
-"it's definitely ours." And they've got no reason to... -No. | 0:37:47 | 0:37:51 | |
Meanwhile, Lawrence has made a discovery of his own. | 0:37:51 | 0:37:54 | |
One of the two diggers has broken down on top of a pile of aggregate. | 0:37:54 | 0:37:58 | |
They began the day hoping to walk out of here with nearly £20,000, | 0:37:58 | 0:38:03 | |
but that now looks like a tall order. | 0:38:03 | 0:38:05 | |
# Don't know where we're going Got no way of knowing | 0:38:05 | 0:38:09 | |
# Driving on the road to nowhere. # | 0:38:09 | 0:38:11 | |
Unfortunately, there's nothing we can do because the one digger is | 0:38:11 | 0:38:15 | |
immobile with a knackered engine, | 0:38:15 | 0:38:18 | |
the crusher we've already confirmed belongs to someone else and the | 0:38:18 | 0:38:21 | |
digger's in use and we can't take something into control | 0:38:21 | 0:38:24 | |
if it's actually in use at the time, | 0:38:24 | 0:38:26 | |
and he's still adamant that it's leased from somebody. | 0:38:26 | 0:38:29 | |
More than two hours after they arrived, and with no sign | 0:38:29 | 0:38:32 | |
of the police, | 0:38:32 | 0:38:33 | |
Lawrence eventually gets a call from the debtor's solicitor, | 0:38:33 | 0:38:36 | |
who's only just been instructed. | 0:38:36 | 0:38:38 | |
They say they'll need a few days to collect the relevant paperwork. | 0:38:38 | 0:38:43 | |
Frustrated, but with no leverage to demand payment, | 0:38:43 | 0:38:46 | |
Lawrence has no choice but to agree. | 0:38:46 | 0:38:48 | |
If you're actually going to cooperate, which I imagine you will, | 0:38:49 | 0:38:52 | |
and deal with this in a sensible manner, | 0:38:52 | 0:38:53 | |
rather than just being obstructive like your client, | 0:38:53 | 0:38:56 | |
I'll give you till close of business on Monday to get the paperwork over. | 0:38:56 | 0:38:59 | |
And then I'm quite happy to leave it. | 0:38:59 | 0:39:00 | |
Otherwise, I'll be back and I will remove it. | 0:39:00 | 0:39:03 | |
But it never comes to that. | 0:39:03 | 0:39:05 | |
Following filming, Wealden Haulage & Demolition Limited paid the sheriffs | 0:39:05 | 0:39:09 | |
just over £19,000, clearing their debt in full. | 0:39:09 | 0:39:13 | |
The waste disposal company which hadn't been paid | 0:39:14 | 0:39:17 | |
has now got the money they were owed. | 0:39:17 | 0:39:19 | |
As night falls in the northeast, | 0:39:31 | 0:39:33 | |
sheriff Chris Pearson is on his way to enforce a debt owed | 0:39:33 | 0:39:36 | |
-by a watch seller. -The monies are outstanding for | 0:39:36 | 0:39:40 | |
a watch which I believe was purchased online, a Rolex watch, | 0:39:40 | 0:39:44 | |
and the goods were not received. | 0:39:44 | 0:39:46 | |
The claimant bought the Rolex from a business trading as Watchwiseuk | 0:39:46 | 0:39:51 | |
in Huddersfield. After the item didn't arrive they filed a money | 0:39:51 | 0:39:55 | |
claim against the limited company, Watchwise Associates Limited, | 0:39:55 | 0:39:59 | |
and a man they believe to be its director, a Mr John Barker. | 0:39:59 | 0:40:04 | |
The case wasn't defended in court, | 0:40:04 | 0:40:06 | |
so judgment was issued by default and now Mr Barker and Watchwise | 0:40:06 | 0:40:10 | |
Associates Limited owe £5,980. | 0:40:10 | 0:40:16 | |
We are trying to locate the business address. | 0:40:16 | 0:40:17 | |
Unfortunately it's been to no end, | 0:40:17 | 0:40:20 | |
so we're looking now primarily at his residential address, | 0:40:20 | 0:40:23 | |
just on the off chance that maybe he's still trading from home | 0:40:23 | 0:40:28 | |
and there may be sufficient assets there. | 0:40:28 | 0:40:31 | |
Chris approaches the address, | 0:40:31 | 0:40:33 | |
hoping that Mr Barker will be in and the debt can be resolved. | 0:40:33 | 0:40:37 | |
Hello, mate. I'm looking for John Barker, please. | 0:40:48 | 0:40:52 | |
Yes, please, yeah. | 0:40:52 | 0:40:53 | |
Is it possible to get him on the phone for me? | 0:40:55 | 0:40:57 | |
It's High Court enforcement. I need to speak to him quite urgently. | 0:40:57 | 0:40:59 | |
Yeah, it's quite urgent, sir. | 0:40:59 | 0:41:01 | |
A young man has answered the door and says he'll get Mr Barker | 0:41:02 | 0:41:05 | |
on the phone. | 0:41:05 | 0:41:06 | |
But Mr Barker, it seems, | 0:41:12 | 0:41:13 | |
isn't understanding the seriousness of the situation. | 0:41:13 | 0:41:16 | |
He needs to deal with it right now, mate. | 0:41:19 | 0:41:21 | |
Yeah, it's... Do you know the watch business he had? | 0:41:23 | 0:41:26 | |
It's something to do with that, mate. | 0:41:26 | 0:41:27 | |
Chris is indeed given Mr Barker's number and rings it. | 0:41:32 | 0:41:36 | |
But Mr Barker doesn't pick up. | 0:41:36 | 0:41:38 | |
Chris is beginning to run out of patience. | 0:41:40 | 0:41:42 | |
Right, not answering. What you need to do, mate, | 0:41:42 | 0:41:45 | |
tell him we're here with a High Court writ and it's for us to take | 0:41:45 | 0:41:50 | |
everything out the property. So he needs to answer the phone, mate. | 0:41:50 | 0:41:53 | |
However, the man instead calls Mr Barker's son, Gary, | 0:41:53 | 0:41:57 | |
who's apparently also involved in the watch business | 0:41:57 | 0:42:00 | |
and who arrives almost instantly. | 0:42:00 | 0:42:02 | |
Is this the gentleman now, is it? | 0:42:04 | 0:42:05 | |
Are you Gary? | 0:42:05 | 0:42:07 | |
If you can, mate. Come on inside, Gary. | 0:42:07 | 0:42:10 | |
Gary heads inside with Chris, | 0:42:10 | 0:42:11 | |
where he explains that Watchwise Associates Limited is going into | 0:42:11 | 0:42:15 | |
liquidation and also that his father, John, | 0:42:15 | 0:42:18 | |
retired from the company more than a year ago. | 0:42:18 | 0:42:21 | |
Gary says it was him that sold the missing Rolex watch | 0:42:22 | 0:42:26 | |
and wants to clear the debt. He makes an offer of a payment plan | 0:42:26 | 0:42:30 | |
and, after checking out the assets in the house, Chris leaves. | 0:42:30 | 0:42:33 | |
As expected, there wasn't a great deal of goods on the property, | 0:42:34 | 0:42:38 | |
just general household items. | 0:42:38 | 0:42:39 | |
There's two suites in there, television, PlayStation, | 0:42:39 | 0:42:44 | |
just normal items, really. | 0:42:44 | 0:42:45 | |
Nothing of any great value. | 0:42:45 | 0:42:46 | |
And they have agreed to set an arrangement up of £300 | 0:42:46 | 0:42:49 | |
a month to clear the debt. | 0:42:49 | 0:42:51 | |
Now, because there's insufficient assets on the property, | 0:42:51 | 0:42:53 | |
and I have checked the property out, | 0:42:53 | 0:42:55 | |
I think we need to accept that for now. | 0:42:55 | 0:42:58 | |
It's going to be set at that and if it can be pushed on there'll be an | 0:42:58 | 0:43:01 | |
increased offer within a couple of months. | 0:43:01 | 0:43:04 | |
Following filming, the claimant rejected the offer of £300 a month, | 0:43:04 | 0:43:08 | |
preferring the debt to be paid off quicker. | 0:43:08 | 0:43:11 | |
So far, no money has been received from either of the Barkers | 0:43:11 | 0:43:14 | |
and the sheriffs plan to make a return visit. | 0:43:14 | 0:43:17 |