Episode 8 The Sheriffs Are Coming


Episode 8

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Transcript


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-Meet the Sheriffs.

-My name's Mr Grix,

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my colleague and I are enforcement agents.

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

-They work for the High Court,

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and if it says you are owed money, it's their job to go and get it.

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I am 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 will have a week to pay in full before it gets sold at auction.

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Obstructing their work can be a criminal offence.

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-I wouldn't do that, if I were you.

-The door needs to stay open.

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Every year in England and Wales,

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unpaid debts totalling more than £80 million

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are recovered by the sheriffs.

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Coming up - Kieron Kelly discovered his new car had been in a crash.

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I was stunned, shocked, angry.

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I didn't drive the car any more.

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When the dealer responsible says he can't pay, Lawrence has other ideas.

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West Car Sales have got all the cars that are here.

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-Yes.

-Unfortunately, that's who we're here for.

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Ken won't take no for an answer at a hotel with a debt to pay.

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Please start making these phone calls now

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to get this money to me now, OK? I'll wait.

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Tommy and Craig eye up a Jaguar on a debtor's driveway.

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Are you telling me you can pay this in full?

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If you're not telling me that,

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then I will clamp the vehicle and look to remove it.

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And the sheriffs take control of goods at a Coventry mechanics.

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It's getting near the endgame now,

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so they need to either pay up or lose the gear. Simple as.

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In Kent, enforcement agents Lawrence Grix and Kev McNally

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are on the road. They have got a High Court writ

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to collect a debt owed by a car dealer.

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Right, today we're in Sittingbourne.

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We're going to West Car Sales.

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We're looking for £1,452.

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I presume the debt is relating to the sale of a second-hand vehicle.

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The claimant in the case is Kieron Kelly.

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He first came across West Car Sales when he was looking for

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a cheap second-hand car and checked out the stock

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at a few of his local dealers.

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I saw a car that was appealing to me, it was within my price range.

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The car was a Renault Megane.

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It was black, it was a five-door car.

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We have four grandchildren,

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so of course, from time to time we pick the children up from school.

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So what we needed was a car that would be able to accommodate

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both myself and my partner and the grandkids.

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Kieron went to the dealers and met the salesman there, a Mr Jeff Lee.

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He was quite an amenable chap, he was quite friendly,

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he seemed quite trustworthy, so I took the car out on a test drive

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for about ten minutes or so and then brought it back.

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It wasn't great, but, at the end of the day, for £850, you know,

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you are not going to get a great, great car.

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But it seemed to be good value for money.

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Kieron may not have been looking for a top-of-the-range car,

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but there was one thing he was adamant about.

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He didn't want anything that had previously been in an accident

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-or written off.

-I had had a bad experience with a previous car,

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so I asked the dealer specifically,

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"Was the car that I was buying subject to a write-off?"

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He just quite simply said no.

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So Kieron bought it and drove it happily for several months,

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until one day he scraped the front of the car

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on the curb while parking

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and was surprised by the amount of damage it caused.

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The whole front end, ie the whole bumper,

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was detached and it was hanging.

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When Kieron got home he called the AA,

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and when they took a look they found

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clues that the car had in fact been in a previous accident after all.

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They knocked the door and said,

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"Look, I think you need to get your logbook."

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So I came back into my home,

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got the logbook and clearly on the logbook

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it had stated that the car was subject to a write-off.

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I was stunned, absolutely stunned.

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Stunned, shocked, angry, annoyed.

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The obvious thing to do was get in touch with West Car Sales.

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I rang on four or five occasions,

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couldn't get a response, so I decided

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to ping him an e-mail to let him know

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of my concerns and that it had been mis-sold to myself.

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And therefore I wanted to reject the vehicle and seek a full refund.

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For some weeks Kieron chased for a refund, but it wasn't forthcoming.

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The car, meanwhile, was marooned on the driveway,

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where it still remains.

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Having been told that this car was potentially dangerous,

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I didn't drive the car any more.

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I was looking for a job, so when I was going for interviews,

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I was hiring a vehicle.

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Could I afford it? The answer is no.

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And after still getting nowhere with West Car Sales,

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Kieron took the company to court.

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On the day of the hearing, he was feeling upbeat.

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I supplied 15-19 pages' worth of correspondence,

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together with text messages and all the communication.

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So I was extremely confident of the outcome.

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No concerns.

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But just moments before the hearing, Mr Lee arrived,

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wanting to make a deal to pay Kieron back in instalments.

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Kieron accepted, and the agreement was rubber-stamped by the judge.

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His first payment was due to myself of £100 on the 1st of December.

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He failed to pay it, and he said he had family issues.

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So I decided to extend that for a week to give him a bit of grace,

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and, lo and behold, he failed again.

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Kieron has now had enough of being messed about and has transferred

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his case up to the High Court.

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Having seen the programme on the TV

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it makes me feel that they can achieve something

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that clearly I can't,

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and I'm just really hopeful that they get the outcome I need.

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Lawrence and Kev are about to arrive at West Car Sales

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and, ever the optimist, Kev is hopeful of getting Mr Kelly's money.

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I've had a look at the site online while I was doing my research,

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and there's quite a few cars on the front here, cars and vans.

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So hopefully they'll be owned by our debtor company

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and we'll be able to get this debt paid.

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And as they pull into the garage, it seems Kev's research was spot on.

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There are a lot of vehicles here.

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It goes a way back, doesn't it?

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And before they even manage to park,

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a man pulls up alongside wanting to know why the sheriffs are here.

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-West Car Sales, we're here for.

-Yeah.

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It is you, is it?

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-It's you we're dealing with, is it?

-Yeah.

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Do you want to park yourself up and we'll hop out?

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It's the man who sold Kieron his car,

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and it seems he doesn't dispute he owes the money.

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In fact, he says he wants to pay.

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The problem is, you've got assets.

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We're not ordered out to collect your money,

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we're ordered by the writ to take control of your goods.

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All you can do is pay in full, because you've got the stock.

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Although Mr Lee admits he sold Mr Kelly a car,

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he's now saying he sold it under his own name,

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not the garage's, where he's just an employee.

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But that's not what it says on Mr Kelly's receipt -

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nor on Lawrence's writ.

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West Car Sales have got all the cars that are here?

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Unfortunately, that's who we're here for.

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It's their name on the writ,

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so any of these cars that belong to West Car Sales are likely to go

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to clear the debt.

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At the moment it stands at £1,452.

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You know, one of these cars would cover it.

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The owner of West Car Sales is away, is he?

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Mr Lee might not want his employer's cars to be taken,

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but the sheriffs can't just ignore the paperwork from the courts.

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Fair play to you for sticking your hands up and saying,

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"Right, it should actually be me,"

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but we can't deal with it as being you.

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So if you want to pay it on their behalf, again, fair play to you.

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No.

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Because there's stock here,

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and you've just admitted that the stock belongs to West Car Sales.

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We can give you a little bit of time to try and cobble the money together.

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You can put it on a couple of cards if it helps as well.

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Doesn't have to be from one.

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No. You can put it on as many as you want.

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While Mr Lee is cooperating,

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so far he still isn't showing any indication

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that he's about to come up with the money.

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So Lawrence ups the ante.

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If it comes to removal, there's another 1,300 quid going on it.

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It's going to virtually double.

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No, we don't want that. So that's what I'm saying,

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I can give you a little bit of time to get this money together.

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Yeah, we're not talking days.

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Not talking hours, either, really.

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Because obviously we're busy guys.

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Lawrence's strategy works.

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Mr Lee suddenly produces the company's card

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and offers to make a payment.

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Right, let's see if we've got a signal.

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You have to know your PIN number or you can't do it.

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Unless you can go do it online. Have you got online facilities here?

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Mr Lee can't use the card and heads into his office,

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leaving Lawrence and Kev to ponder their next move.

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Yeah, it's a bit of a shame he hasn't got the PIN number to

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the account here, otherwise we would have had a big part of it paid off.

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So we'll just see what developments there are now.

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The development is that Mr Lee immediately returns,

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and this time he's brought cash.

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I think he's got the full amount.

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-1,000, yeah?

-All good.

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Do you want to hop in the other side and count this, Kev,

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while I start writing the receipt?

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-What's there?

-1,500.

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-1,500, yeah?

-Yeah.

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Mr Lee has settled the balance in full

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and he gives his side of the story.

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I sold a car to a chap, it must have been about eight or nine months ago.

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Chap had it for six months.

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It had been involved in an accident, I wasn't aware of this.

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The chap then came back and saw us,

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and obviously gave us the point of view that he wanted a refund.

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Wasn't in a position to do so at the time because obviously we wanted

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to have the car checked.

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He didn't allow us to do so, and here we are today.

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Thank you.

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We tried to make an arrangement with the guy

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but obviously it was unaccepted.

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So if you've done wrong, you've got to pay for it.

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That's yours.

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That went very well, really.

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He was quite calm from the start.

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He did inform us that it should really have been his debt

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because it was a car he had on sale or return,

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not a car that was owned by West Car Sales.

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But it's got West Car Sales on it

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and all the stock there was West Car Sales, happily for us.

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There was a point where we didn't think he was going to be able to come up with the money

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cos he didn't have the PIN number for the credit card he had,

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but then he went off and appeared with cash.

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So...happy days. Another job done.

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And Lawrence isn't the only one who's pleased.

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Excellent result, it's been a great day.

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I've contacted the Sheriffs' Office today

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and they've managed to recover all the money I was claiming.

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It's a shame that I've had to go to the extremes that I've had to.

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However, I'm just pleased to say it's all done, it's all dusted.

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We can now just move on and enjoy the rest of our lives.

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There is, however, one aspect of the court order

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that's yet to be resolved.

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Part of the judgment was that the car would be collected.

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To date, it still hasn't been collected and I'm in a situation now

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where I'm probably going to have to go back to the court

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with a view to getting the removal of the vehicle.

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So, you know, unfortunately that part of the story hasn't ended.

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Using the county courts to try and recover money you're owed isn't difficult.

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

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involving anything from faulty goods or poor workmanship

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to unpaid invoices.

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

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Both parties in the case will be asked to submit evidence

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and you may have to attend a court hearing.

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If you're successful, a county court judgment, or CCJ,

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will be issued against the debtor.

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

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Sheriffs typically enforce over 1,000 writs every year.

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And while everyone is different,

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enforcement agents often find diplomacy is more effective

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than simply threatening to remove everything in sight.

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If it's necessary to play the long game, Ken Warby is happy to do so.

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He just wants his clients' money back.

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We're going to visit a hotel called the Stuart Hotel in Luton.

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It's a sizeable hotel, by all accounts.

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The hotel has been taken to court by a linen company

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over unpaid invoices.

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I'd imagine it's for tablecloths and bed linen, et cetera.

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Dry cleaning.

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The hotel didn't defend the case in court

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so a default judgment was issued against it.

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But more than three months later it remains unpaid,

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and now Ken needs to collect £6,276.

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From the outside, the hotel does indeed seem sizeable,

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and so looks promising for a payment.

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I would imagined there's quite a few assets in there -

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bar area, wet stock.

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There's always an office, PC equipment, TVs in each room.

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So, hopefully, we'll get somewhere.

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Ken heads in to tell them those assets are in jeopardy

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unless they can pay up.

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Hello. I'd like to speak to the MD. Person in charge? If possible.

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He's not available at the moment.

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-Would you like to come back later on?

-Not really.

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-Is he in the building?

-No, he's not. He just left.

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-He will be here in one hour, probably.

-About an hour?

-Yeah.

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Is there any chance you can get him on the phone? It's quite important.

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The receptionist does just that,

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and moments later she's back with the manager on the line.

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What it's about...

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You're two minutes away? Brilliant.

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All right, I'll see you face to face.

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Thank you. Cheers, sir.

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With the manager on the way,

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Ken takes the opportunity to size up the assets on show.

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And after years in the trade,

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he knows exactly what he's looking for.

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Hotel's set out quite nice.

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Good-quality dining furniture.

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All proper heavy metal, chrome. Leather-backed.

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They've got some good equipment down here.

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It's always nice to see some assets as soon as you walk in.

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True to his word, the manager arrives moments later.

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Hello.

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And Ken follows him into the office.

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Right, sir, this is regarding a High Court judgment.

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Ken is just about to explain his writ, but, refreshingly,

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this time it's not necessary.

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You know exactly what this is about, do you?

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The manager said the hotel is under new management

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and the debt was incurred by the previous owner.

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As the debt in the business's name it still needs paying,

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and luckily the new owners agree.

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Wonderful.

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Oh, I was hoping you wouldn't say that.

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I was hoping you would say, "Right now".

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The court order was issued months ago,

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so it's Ken's job to get it paid as soon as possible.

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-We could...

-What can you get me now?

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That's fine. What can you pay tomorrow?

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You can pay £1,000 tomorrow?

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It's a bit of a letdown for Ken.

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But given that they acknowledge the debt and seem to have a plan for its

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repayment, he doesn't feel the need to threaten to empty the rooms

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and force the hotel to close its doors.

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Your total due, including charges, £6,276.

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-What I need to do is I need to list the assets here.

-OK.

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-Because you can't pay right now.

-Right.

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So what do you have other than what I've seen in the reception area?

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On the ground floor.

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-60 bedrooms?

-Yeah.

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Kitchen area? There's a kitchen area.

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When a debtor can't pay,

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sheriffs have the option of agreeing a repayment plan

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and taking control of their assets.

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As this is a sizeable debt, Ken's list needs to be long.

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But luckily there's no shortage of items here.

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Glass washer, ice machine.

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Bar chiller cabinets.

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His comprehensive list is also designed to make sure

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the manager knows he really does mean business.

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And now I'm just going to do the kitchen and then I'll do

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a rough guesstimate as to how much value we've got there,

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before making a decision of whether or not to go to the rooms

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and maybe look for the TV sets.

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But by the time he's been through the hotel's kitchen,

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he's has already got page after page of assets listed.

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Satisfied it's enough, he completes the paperwork.

0:18:140:18:18

That's £1,000 tomorrow, followed by 5,276.56 next Wednesday.

0:18:180:18:25

And he's on his way.

0:18:250:18:27

Thanks very much.

0:18:270:18:29

I'm sure you'll get it done.

0:18:290:18:30

I look forward to it. Cheers.

0:18:300:18:33

He hasn't been paid, but Ken's happy he's made the right call for now.

0:18:330:18:37

He was really nice, and it's a lovely hotel.

0:18:370:18:42

If I was to go in there and start unplugging things,

0:18:420:18:45

it would basically shut the place down.

0:18:450:18:48

So he's promised me £1,000 tomorrow,

0:18:480:18:50

and the balance is going to be paid in six days' time.

0:18:500:18:55

He's pretty confident of that, I'm confident that he's confident.

0:18:550:18:58

Everyone's happy. I am for now.

0:18:580:19:00

Ken's taken the man at his word,

0:19:020:19:05

but later he's forced to visit the business for a second time.

0:19:050:19:09

You've broken the controlled goods agreement.

0:19:090:19:13

So the reason we're here now is for full payment

0:19:130:19:18

or removal of goods.

0:19:180:19:21

It's as black and as white as that.

0:19:210:19:23

It's before daybreak in the Midlands, and as usual

0:19:330:19:36

enforcement agents Tommy Coyle and Craig Wild are already on the road.

0:19:360:19:41

They've got a High Court writ and are preparing to knock on

0:19:410:19:44

the door of another debtor - this time at a residential property.

0:19:440:19:48

In Luton today. Big early start.

0:19:480:19:51

Going to a home address of a Mr Charles Odong.

0:19:510:19:55

We have limited information on him,

0:19:550:19:57

only apart from the fact that he's actually a doctor.

0:19:570:20:01

Mr Odong has been taken to court by a Mr Simon Walsh

0:20:010:20:04

over damage to a property.

0:20:040:20:06

When he didn't offer a defence, judgment was offered by default.

0:20:060:20:11

He now owes £3,226.

0:20:110:20:14

The sheriffs reach Mr Odong's address at first light.

0:20:180:20:22

-This one here.

-This one.

0:20:220:20:23

And there's a welcome discovery.

0:20:230:20:25

Oh, 59 plate Jag.

0:20:250:20:28

-He's here.

-He's here.

0:20:280:20:29

That's his car. It might be clear of finance as well, mate.

0:20:310:20:34

-59 plate.

-That's seven years old, that is.

0:20:340:20:37

But before they get too carried away with the car,

0:20:370:20:40

they first try to make contact with the debtor.

0:20:400:20:44

KNOCKING ON DOOR

0:20:440:20:45

-Here we go.

-Yeah.

0:20:490:20:51

Their knocking has raised one of the occupants.

0:20:510:20:55

Hello, there. I'm trying to get in contact with Charles Odong.

0:20:550:20:59

I'm an enforcement agent.

0:20:590:21:01

It's to do with a High Court writ that I'm here to execute today.

0:21:010:21:05

I'm sorry, who are you?

0:21:060:21:09

You're his daughter?

0:21:090:21:11

OK. Do you want to open the door

0:21:110:21:13

and I can just show you some identification of who I am?

0:21:130:21:16

Tommy shows the woman his ID

0:21:160:21:18

and explains that he's here for just over £3,200.

0:21:180:21:22

If he can't get this sorted out by way of payment,

0:21:220:21:26

unfortunately we would look at removing assets.

0:21:260:21:28

The woman says her father can't come to the door and is in bed,

0:21:290:21:33

but Tommy's undeterred.

0:21:330:21:35

Tell him to ring me now, and I'll talk to him out here.

0:21:350:21:38

Or I can go in the van and talk to him, a bit more private.

0:21:380:21:41

Craig, meanwhile, can already sense payment in the air.

0:21:430:21:46

It would appear that our defendant's inside the house.

0:21:460:21:49

He's laid up in bed.

0:21:490:21:51

She's refusing access at the moment, so Tommy's giving her

0:21:510:21:54

some paperwork with the figure on and also Tommy's telephone number,

0:21:540:21:58

so if he wants to play ball he can pay it straightaway.

0:21:580:22:01

If he doesn't, then we're looking to take further action,

0:22:010:22:04

which could possibly mean removing one of the cars.

0:22:040:22:06

It is not long before Tommy's phone rings.

0:22:060:22:10

Hello, there.

0:22:100:22:11

It's Mr Odong.

0:22:110:22:12

He says he is going to try to get the money together

0:22:120:22:15

but he wants the sheriffs to wait for an hour

0:22:150:22:17

until his wife comes home.

0:22:170:22:19

Right, and waiting for the hour, is that to pay it in full?

0:22:190:22:23

Because that's what needs to happen.

0:22:230:22:25

We're here to execute the High Court writ which unfortunately would mean

0:22:250:22:30

if you can't tell me this is going to get paid

0:22:300:22:33

we would look at removing the vehicles off the drive,

0:22:330:22:36

or one of them, if it will clear the balance.

0:22:360:22:39

Mr Odong says he can't afford the whole amount.

0:22:390:22:42

If you can't pay...

0:22:420:22:44

Sir, there's no point talking over me

0:22:440:22:46

or we'll just carry on what we need to do.

0:22:460:22:48

If we can't get it paid in full,

0:22:480:22:50

which I've explained already twice now, we're here to remove assets.

0:22:500:22:55

So there's no point in me waiting for your partner to come back,

0:22:560:22:59

which you've just told me you can't pay it in full.

0:22:590:23:02

Now Mr Odong says he might be able to pay it all,

0:23:020:23:05

but needs to speak to his wife first.

0:23:050:23:07

Sir, sir, that's not what you just told me a moment ago.

0:23:070:23:09

If you're telling me...

0:23:090:23:10

Are you telling me you can pay this in full if we wait here?

0:23:100:23:13

If you're not telling me that, then I'll carry on and clamp the vehicle

0:23:130:23:17

and look to remove it.

0:23:170:23:18

Mr Odong isn't sure whether he can raise the money or not.

0:23:180:23:22

Well, I'm going to clamp your vehicle, sir, unfortunately.

0:23:220:23:25

Right, let's clamp the car.

0:23:250:23:27

But, moments after he ended the call, Mr Odong's daughter

0:23:310:23:34

comes to the door once again.

0:23:340:23:36

Are you all right?

0:23:360:23:38

Unsurprisingly, she doesn't want the car to go.

0:23:380:23:41

No, I appreciate that, but...

0:23:420:23:44

Yeah, the problem I've got...

0:23:440:23:46

..which I explained to him,

0:23:470:23:49

he can't tell me that he's going to have the full balance.

0:23:490:23:52

What he's telling me is to wait until he's spoke to his partner

0:23:520:23:55

and see what he can get.

0:23:550:23:56

If he tells me he's going to have the full balance in an hour

0:23:560:23:58

I will wait that hour.

0:23:580:24:00

And he will have the full balance?

0:24:020:24:04

What I'll do is I'll do all the checks I need to do

0:24:040:24:06

and I'll start doing my paperwork.

0:24:060:24:09

We'll wait that hour.

0:24:090:24:11

All right, thank you very much.

0:24:110:24:13

Tommy's going to give Mr Odong the benefit of the doubt.

0:24:130:24:16

She did say they'll have the balance. That's all I was trying to get from him.

0:24:160:24:19

I don't mind waiting an hour if they're telling me they're going to pay it in full.

0:24:190:24:22

But while they're going to hold off on calling a removal truck for the time being,

0:24:220:24:26

that doesn't mean they won't secure their prize asset.

0:24:260:24:30

Tommy gets the jaw out.

0:24:300:24:32

Let's see if I can get it on this back one.

0:24:330:24:35

The back one, I think, Tom.

0:24:350:24:37

OK?

0:24:410:24:43

While they wait it out in the van,

0:24:430:24:45

Craig decides to call the office for an HPI check on the Jag.

0:24:450:24:49

That will hopefully confirm it's not on finance

0:24:490:24:52

and so can be taken if needs be.

0:24:520:24:54

Fingers crossed. It's what every enforcement agent wants to hear -

0:24:540:24:58

"Clear of finance".

0:24:580:25:00

'Hello.'

0:25:000:25:02

Hi, Lawrence. Lawrence, can you do an HPI for me, please?

0:25:020:25:05

-'What's the reg?'

-Alpha, Juliet, five, nine.

0:25:050:25:10

It should come up as a Jaguar XF.

0:25:100:25:12

'It does indeed.'

0:25:120:25:13

'Blimey, it's on finance.'

0:25:130:25:16

'It's an insurance write-off,

0:25:160:25:17

'but presumably he paid to have it fixed himself.'

0:25:170:25:21

It's the worst news possible.

0:25:210:25:23

Not only is the Jaguar on a finance arrangement,

0:25:230:25:27

it's also been in an accident so serious that an insurance company

0:25:270:25:31

wrote it off before it was repaired and put back on the road.

0:25:310:25:35

It's an unexpected blow for the sheriffs.

0:25:350:25:38

Our main lever is now gone.

0:25:380:25:41

So, I mean, at the moment, he is...

0:25:410:25:45

Well, they're still apparently getting the money.

0:25:450:25:48

So we'll wait till the time and it's just down to use our other tactics.

0:25:480:25:54

Unfortunately this one ain't going to work, so.

0:25:550:25:58

We'll evaluate the situation in 15 minutes' time.

0:25:590:26:03

And play it by ear.

0:26:040:26:06

But half an hour later, there's no sign of Mum.

0:26:060:26:09

Tommy knocks on the door.

0:26:130:26:14

You all right?

0:26:140:26:16

No problem. Rough time, do you know?

0:26:170:26:20

She's in the car, driving.

0:26:200:26:23

We'll wait a bit longer. All right, thank you.

0:26:230:26:26

Another ten minute passes, and a car pulls up.

0:26:260:26:30

-That's her, isn't it?

-You reckon that's her?

0:26:300:26:32

That's her. Nice Toyota.

0:26:320:26:34

Yeah.

0:26:350:26:37

But Mrs Odong doesn't hang around to speak to the sheriffs

0:26:390:26:42

and heads inside.

0:26:420:26:44

While they wait for her to decide if she's ready to engage with them,

0:26:440:26:47

Craig spots an opportunity.

0:26:470:26:49

-Which one is the clamp on?

-That one.

0:26:500:26:53

He has now got his eye on the Toyota Mrs Odong pulled up in.

0:26:530:26:56

Can you do an HPI for me, please?

0:26:560:26:59

Though hopefully it won't come to that.

0:26:590:27:02

They don't look like they want to sort it out at the minute.

0:27:060:27:10

But Mrs Odong does soon appear behind the door

0:27:100:27:13

and Tommy's pretty sure she wants to pay.

0:27:130:27:15

We can do it on an online transfer.

0:27:150:27:17

I can give you some account details, if that's easiest.

0:27:170:27:20

At least he thinks that's what she said.

0:27:200:27:24

Sorry, it's very difficult to hear you.

0:27:240:27:27

Hang on, there's a lorry out here.

0:27:270:27:29

I can't hear what you're saying.

0:27:290:27:31

It's very difficult to hear you through the door.

0:27:310:27:34

ENGINE REVS

0:27:340:27:36

Sorry?

0:27:360:27:38

Part of our job, just conversing with people through locked doors.

0:27:380:27:43

Yeah, I've got some account details.

0:27:430:27:45

Do you want to take these off me? You can leave the chain on.

0:27:450:27:48

But Mrs Odong opts for the letterbox instead.

0:27:480:27:51

Oh, yeah. Here we go.

0:27:510:27:53

She makes the payment and Tommy soon has confirmation that £3,226

0:27:530:27:59

have been received.

0:27:590:28:01

That's brilliant. Thank you, Jackie. Bye-bye.

0:28:010:28:04

Yeah, that's all cleared in full.

0:28:050:28:07

So that's classed as a satisfied judgment now.

0:28:070:28:10

All right. Thank you very much.

0:28:110:28:13

The Jaguar may not have come good for the sheriffs but, nonetheless,

0:28:130:28:17

they've managed to get the outcome they wanted.

0:28:170:28:19

Yeah, good result. Obviously we did the early attendance this morning,

0:28:190:28:24

which we generally do with residential.

0:28:240:28:26

You could see from their actions they weren't going to talk to us initially.

0:28:260:28:31

We had to put the clamp on to put the pressure on, unfortunately.

0:28:310:28:34

And ended up with the result of the payment in full,

0:28:340:28:36

with the partner helping out.

0:28:360:28:38

Which is what we wanted.

0:28:380:28:40

The claimant, Mr Walsh, will now get the money he's owed.

0:28:400:28:44

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

0:28:530:28:56

I'm assuming that you haven't got £5,000?

0:28:560:28:58

Oh, dear.

0:28:580:29:00

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

0:29:000:29:03

Goods go for about one-fifth of their true value at auction,

0:29:030:29:06

and it's often better to agree to a payment plan.

0:29:060:29:09

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

0:29:090:29:11

Do you reckon you can do 200 a week?

0:29:110:29:14

They'll make a list of assets...

0:29:140:29:16

Ice machine, bar chiller cabinets.

0:29:160:29:19

Television, PlayStation.

0:29:190:29:21

..and a controlled goods agreement is signed,

0:29:210:29:23

making it an offence for anyone else to remove them.

0:29:230:29:27

You sign the form, it acts as security.

0:29:270:29:30

The sheriffs will only return to take the goods

0:29:300:29:33

if the debtor fails to make payments.

0:29:330:29:35

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

0:29:350:29:38

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

0:29:380:29:41

Ken Warby is back in Luton.

0:29:440:29:46

He's on his way once again to the Stuart Hotel,

0:29:460:29:49

which owes more than £6,000 after failing to pay a linen company.

0:29:490:29:55

Last time the manager told Ken he couldn't pay there and then,

0:29:550:29:59

and promised to do so within the week.

0:29:590:30:01

But the money hasn't arrived.

0:30:010:30:03

The original payment plan was

0:30:030:30:05

that he was going to pay me £1,000 the day after -

0:30:050:30:09

which he never did, that took about a week -

0:30:090:30:12

and the balance within six days.

0:30:120:30:14

Well, we are where we are now.

0:30:140:30:16

14 days later, he's only paid the £1,000.

0:30:160:30:21

Previously, Ken gave the manager the benefit of the doubt,

0:30:210:30:24

but this time Ken won't compromise.

0:30:240:30:28

The leverage we've got is that he's signed a controlled goods

0:30:280:30:31

agreement, and the list we've made is quite a large list.

0:30:310:30:37

If he doesn't pay, it's my intention to remove the items.

0:30:370:30:42

When a CGA is broken,

0:30:440:30:46

the sheriffs can return at any time to remove the assets -

0:30:460:30:49

no ifs, no buts.

0:30:490:30:52

So, one way or another, Ken won't be leaving empty-handed.

0:30:520:30:55

-Hello.

-Hello, again.

0:31:000:31:01

Once again, he's led into the office where, to his surprise,

0:31:030:31:06

the manager hands him a payment receipt.

0:31:060:31:10

-This is a receipt you've got for online payment.

-Yeah.

0:31:100:31:13

You made yesterday, for £1,000.

0:31:130:31:16

Right. The problem is...

0:31:160:31:18

When you originally signed that controlled goods agreement,

0:31:190:31:25

it was you that said to me, straightaway,

0:31:250:31:27

"I'll have the money in six days."

0:31:270:31:29

And £1,000 to be paid the following day.

0:31:290:31:32

That £1,000 took nearly a week to come to our office, OK?

0:31:320:31:37

You paid that late to begin with.

0:31:370:31:39

This was agreed 14 days ago.

0:31:410:31:43

So you've broken the controlled goods agreement.

0:31:440:31:48

So the reason we're here now is for full payment

0:31:490:31:54

or removal of goods.

0:31:540:31:56

As black and as white as that.

0:31:560:31:59

And that's not the only bad news for the manager.

0:31:590:32:02

The problem you've also got is that because I'm here now

0:32:030:32:06

to remove goods, it's gone up.

0:32:060:32:09

So with the £2,000 you already paid,

0:32:110:32:14

the amount you owe now is £5,901.09.

0:32:150:32:21

High Court costs. Very expensive.

0:32:210:32:23

But the manager says he doesn't have £5,000

0:32:250:32:28

and hands his phone over to Ken.

0:32:280:32:30

Let me stop you there. Who am I talking to?

0:32:330:32:36

You're his friend?

0:32:400:32:41

The man on the phone says the hotel is trying to come to an arrangement

0:32:430:32:46

with the claimant to clear the debt.

0:32:460:32:48

I understand that. Let me just stop you there, all right?

0:32:500:32:54

The last contact we had with the claimant was that he had given it

0:32:540:32:59

to us to deal with.

0:32:590:33:01

It's in our hands and, as far as he's concerned,

0:33:010:33:04

he wants his payment.

0:33:040:33:06

But the man is still hoping to do a deal

0:33:060:33:08

and says they can clear the debt in a couple of months.

0:33:080:33:11

No, it's not acceptable, sir.

0:33:130:33:14

No, sir. No, sir. We require payment in full now.

0:33:140:33:18

And unfortunately it's gone up because we're here to remove goods.

0:33:180:33:22

Yeah, it has gone up to the tune of £5,901,

0:33:270:33:31

and it'll go up a further £300,

0:33:310:33:33

should a van turn up here to remove goods.

0:33:330:33:36

With a long list of hotel assets that now technically belong to the court,

0:33:360:33:40

Ken wants full payment, and it's not up for negotiation.

0:33:400:33:44

I'm here now to remove goods now.

0:33:440:33:47

So rather than us waste any more time, please start making these

0:33:470:33:51

phone calls now to get this money to me now.

0:33:510:33:53

OK? I'll wait.

0:33:530:33:55

No, I'm not going to go away and come back again, I'm here now.

0:33:590:34:02

Sir, I've got a few hours,

0:34:050:34:08

so please start making the phone calls,

0:34:080:34:10

I'll wait here for the payments.

0:34:100:34:14

Believe me, the last thing I want to do

0:34:140:34:16

is start removing goods from here.

0:34:160:34:18

But that's exactly what will happen if he doesn't pay.

0:34:180:34:21

And Ken reckons the threat is working.

0:34:210:34:24

It's gone from two months to four hours.

0:34:240:34:27

So if he can get the money that quick,

0:34:290:34:31

I'm pretty confident we're going to get paid on this.

0:34:310:34:34

We'll wait around. He's going to make a few phone calls.

0:34:340:34:37

Ken makes himself comfortable in the dining room.

0:34:380:34:41

And just ten minutes later,

0:34:410:34:43

it seems things are moving in the right direction.

0:34:430:34:46

You've got three grand coming, you've got a grand in your pocket,

0:34:470:34:50

so you want just shy of two grand now.

0:34:500:34:53

-You are waiting for.

-Yeah.

-OK.

0:34:530:34:55

The problem is, that's not going to arrive for another few hours.

0:34:550:35:00

Ken has heard this man's promises before and is understandably wary.

0:35:060:35:11

But it does seem like the threat

0:35:120:35:13

of imminent removal of goods has sunk in,

0:35:130:35:16

and his efforts to secure the money are becoming more urgent.

0:35:160:35:19

What he's saying to me is he's got £1,000 in his back pocket,

0:35:210:35:25

which I didn't know he had when I first got in here.

0:35:250:35:28

He's also contacted someone that is just about to transfer

0:35:280:35:32

£3,000 into his account.

0:35:320:35:35

So, in effect, he's got around about four.

0:35:350:35:39

He needs another £1,900,

0:35:390:35:42

and he's going to get someone else to help him out,

0:35:420:35:47

transfer it to his account.

0:35:470:35:48

However, that person is not going to be able to get that sorted

0:35:480:35:51

for a few hours yet, so I think it's a question of waiting around.

0:35:510:35:55

If I leave now then the pressure's off,

0:35:550:35:58

so I'm going to stay around and have a coffee, I think.

0:35:580:36:02

But in the end Ken doesn't even get the chance to enjoy a cappuccino.

0:36:040:36:08

A few minutes later the manager calls him back into the office

0:36:080:36:12

once more to tell him he has raised the full amount.

0:36:120:36:15

That didn't take long, did it?

0:36:150:36:17

Thank you very much.

0:36:180:36:20

When he arrived this morning, it didn't look like the hotel

0:36:200:36:23

was going to be able to come up with the money today.

0:36:230:36:26

But Ken's tough stance has been rewarded

0:36:260:36:29

and he's leaving with payment in full.

0:36:290:36:31

It's gone from £2,000 tomorrow, and the balance in a couple of months,

0:36:310:36:36

to immediate payment on a debit card.

0:36:360:36:39

I thought I'd get paid.

0:36:390:36:40

I didn't quite think I'd get paid as quick as that.

0:36:400:36:43

Tommy and Craig are back in the van on their way to another job.

0:36:540:36:58

This time they're looking for a car garage

0:36:580:37:00

with a substantial debt to pay.

0:37:000:37:03

So we're in Coventry today.

0:37:030:37:05

A bit dark and gloomy, especially for Mr Harjinder Singh.

0:37:070:37:11

On the writ is Mr Singh, trading as Cross Road Garage.

0:37:110:37:15

A parts supplier went to court over unpaid bills.

0:37:150:37:18

The case wasn't defended and a default judgment was made.

0:37:180:37:21

The debt is now £12,007.

0:37:210:37:25

The sheriffs are on their way to an address

0:37:250:37:28

which they're assuming is the debtor's place of work.

0:37:280:37:31

We've got a unit number, so it's obviously a commercial premises.

0:37:310:37:34

So, hopefully, there'll be some assets there for us to look at

0:37:340:37:38

and hopefully secure.

0:37:380:37:40

With it being a garage, obviously there'll be tools,

0:37:400:37:43

compressors, ramps.

0:37:430:37:46

Could be a recovery vehicle, which hold a lot of value, generally.

0:37:460:37:51

We'll be looking for all this.

0:37:510:37:52

-It's just here, mate.

-Oh, there it is, Cross Road Garage.

0:37:520:37:55

The sheriffs pull in and survey the site.

0:37:550:37:58

First impression, it's a medium sort of sized garage, workshop area

0:37:580:38:02

with a fair few sort of mediocre cars,

0:38:020:38:05

apart from one quite smart one, which may be the boss's.

0:38:050:38:08

But we'll go and have a look now.

0:38:080:38:10

Happy days.

0:38:120:38:14

KNOCKING ON DOOR

0:38:160:38:17

No-one in there. Must be in there, mate. There you go.

0:38:170:38:19

-You all right?

-Harjinder Singh?

0:38:190:38:21

He's just gone to the shop.

0:38:210:38:23

He'll be literally a couple of minutes if you want to wait.

0:38:230:38:25

Fantastic. We can wait.

0:38:250:38:26

Moments later, Mr Singh arrives.

0:38:260:38:29

-Good morning, gentlemen.

-Hello, sir. Is it Harjinder Singh?

0:38:290:38:32

-That's me, yes.

-Enforcement agents from the Sheriff's Office.

0:38:320:38:35

Come on in.

0:38:350:38:37

I will explain everything, sir.

0:38:370:38:39

Mr Singh doesn't want our cameraman in his office

0:38:390:38:42

so we step outside while Tommy and Craig explain that they're here

0:38:420:38:46

to collect £12,000 the court says Mr Singh owes.

0:38:460:38:50

But he is not in the mood to reach into his pocket.

0:38:500:38:53

He says he doesn't owe any money,

0:38:530:38:55

and after 15 minutes trying to set him straight,

0:38:550:38:58

the sheriffs aren't getting anywhere.

0:38:580:39:01

He's got an unusual sort of take on this.

0:39:010:39:06

He claims not to know anything about the liability.

0:39:060:39:09

We've explained to him we've got two names on the order,

0:39:090:39:11

Cross Road Garage and him personally, trading as.

0:39:110:39:14

He then explained that he runs the business

0:39:140:39:16

but he's merely an employee.

0:39:160:39:18

We told him to get the owner of the business on the phone,

0:39:180:39:21

which just happens to be his wife.

0:39:210:39:22

He has made no effort to contact her.

0:39:220:39:25

He's also explained that he can't pay.

0:39:250:39:28

We're going to start listing the stuff down with a view to removing

0:39:280:39:31

the items, which we fully explained to him, at further cost.

0:39:310:39:35

So hopefully this will provoke him into getting the money together.

0:39:350:39:40

But it soon becomes abundantly clear

0:39:400:39:42

that Mr Singh isn't going to back down in a hurry.

0:39:420:39:45

Even the sight of Tommy and Craig listing garage equipment

0:39:450:39:48

for potential removal isn't prompting him to change his stance.

0:39:480:39:52

After nearly an hour since the sheriffs first arrived,

0:39:520:39:56

they're in much the same position.

0:39:560:39:58

He needs to get the wife on the phone,

0:39:580:40:00

but he's singing the same tune.

0:40:000:40:02

Nothing to do with him, he's just the manager of the business

0:40:020:40:04

and it's all in his wife's name and she should deal with it.

0:40:040:40:07

Yeah, it's a bit of a cat-and-mouse at the moment.

0:40:070:40:09

We'll look to move the van back up now -

0:40:090:40:12

obviously escalating this, so he knows it is happening.

0:40:120:40:15

While Tommy swings the van into position, ready to receive some of the assets,

0:40:150:40:19

Mr Singh comes out to tell us to get off the property.

0:40:190:40:23

Leave from here as well. OK.

0:40:230:40:25

Inside the garage, the sheriffs continue to list the goods,

0:40:250:40:29

which he says don't belong to him.

0:40:290:40:31

But in the meantime, Craig thinks he might have come up with another

0:40:310:40:34

source of assets and another potential lever to demand payment.

0:40:340:40:38

He thinks the car lot next door might be part of the same business.

0:40:400:40:44

He reckons he hasn't got any cars for sale,

0:40:440:40:47

but I've looked in the office and done a bit of a search in there

0:40:470:40:50

and I've found some car keys which could relate to the actual vehicles

0:40:500:40:53

behind the fence here.

0:40:530:40:55

So he could actually, in fact, be doing car sales.

0:40:550:40:58

The car lot seems to be branded as Cross Road Car Sales,

0:40:580:41:02

which is a different trading name.

0:41:020:41:04

But the telephone number is the same one as the garage.

0:41:040:41:07

Craig goes back to speak to Mr Singh

0:41:070:41:09

and when he returns, it seems they might be getting somewhere.

0:41:090:41:13

Mr Singh has finally called his wife.

0:41:130:41:16

The initial conversation was him and his wife talking.

0:41:160:41:20

Tommy wanted to speak to the wife directly

0:41:200:41:22

to make sure she's fully aware of the situation.

0:41:220:41:26

But eventually when Tommy did speak to the wife,

0:41:260:41:28

she said she wasn't going to pay it,

0:41:280:41:29

she was just going to come down here and have the row.

0:41:290:41:32

Clearly that's not what we want, so he's had another chat with his wife

0:41:320:41:37

who now says she's going to come down and pay it.

0:41:370:41:39

Craig, meanwhile, has made a phone call of his own.

0:41:390:41:42

Cheers, mate. Take care. Bye-bye.

0:41:420:41:45

At the moment we've been in contact with the office.

0:41:450:41:47

They're organising the removal, the contractors to come down here.

0:41:470:41:51

We'll wait on their phone call.

0:41:510:41:53

But in the meantime, if she turns up and wants to pay it

0:41:530:41:56

then we'll also look at doing that. But time is of the essence now.

0:41:560:41:59

It's getting near the endgame now.

0:41:590:42:01

So they need to either pay up or lose the gear.

0:42:010:42:04

Simple as.

0:42:040:42:06

A couple of minutes later, a car arrives.

0:42:060:42:09

Yeah, that's the wife. That's the wife.

0:42:090:42:12

And it seems she has indeed come with the money.

0:42:130:42:17

She pays £12,000, settling the debt in full.

0:42:170:42:21

The sheriffs unload some of the goods they'd secured in their van

0:42:210:42:25

while they waited for the removal lorry, and are on their way.

0:42:250:42:29

So, yeah, a good result there.

0:42:290:42:31

We got paid in full, £12,600.

0:42:310:42:33

It was touch-and-go the second half, but we got over the line.

0:42:330:42:37

We'd already got to the stage of putting items

0:42:370:42:41

in the back of the van.

0:42:410:42:42

Hydraulic jacks, trolley jacks.

0:42:420:42:45

It's the point we had to push it to to get them to take this seriously.

0:42:450:42:49

More than three months after winning in court,

0:42:490:42:52

the parts supplier will now receive the money they were rightfully owed.

0:42:520:42:57

Meanwhile, Mr Singh's wife told us she was not aware of any paperwork

0:42:570:43:01

from the courts in advance of the enforcement.

0:43:010:43:04

She says...

0:43:040:43:05

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