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-Meet the sheriffs. -My name's Mr Grix. | 0:00:02 | 0:00:03 | |
My colleague and I are enforcement agents. | 0:00:03 | 0:00:05 | |
We came with a high court order today. | 0:00:05 | 0:00:07 | |
They work for the High Court. | 0:00:07 | 0:00:08 | |
And if a judge says you're owed money, | 0:00:08 | 0:00:10 | |
it's the sheriffs' job to go and get it. | 0:00:10 | 0:00:13 | |
Where are the keys? | 0:00:13 | 0:00:14 | |
I'm going to be calling a locksmith. | 0:00:14 | 0:00:17 | |
They can demand payment on the spot... | 0:00:17 | 0:00:19 | |
-What can you pay us now? -You're going to get the cash, are you? -Are you paying the bill? | 0:00:19 | 0:00:22 | |
..or remove assets instead. | 0:00:22 | 0:00:24 | |
-You've got 30 minutes to make the payment... -or we start removing stuff from the building. | 0:00:24 | 0:00:28 | |
You'll have a week to pay in full before it gets sold at auction. | 0:00:28 | 0:00:30 | |
Obstructing their work can be a criminal offence. | 0:00:30 | 0:00:34 | |
-I wouldn't do that if I were you. -Don't lie to me. | 0:00:34 | 0:00:36 | |
No messing? | 0:00:36 | 0:00:37 | |
Every year, sheriffs in England and Wales recover unpaid debts | 0:00:37 | 0:00:41 | |
totalling more than £80 million. | 0:00:41 | 0:00:44 | |
Coming up... | 0:00:48 | 0:00:49 | |
these women were sacked and didn't get the money they were due. | 0:00:49 | 0:00:53 | |
Financially, that pressure now, suddenly, was just there. | 0:00:53 | 0:00:57 | |
Sorry... | 0:00:59 | 0:01:00 | |
When Rob and Gerald track down the women's boss, they give him an ultimatum. | 0:01:01 | 0:01:05 | |
He's got another five minutes to make a payment, | 0:01:05 | 0:01:07 | |
otherwise we're going to phone up the recovery and start removal. | 0:01:07 | 0:01:11 | |
Tommy is on the trail of a debt that dates back five years. | 0:01:11 | 0:01:14 | |
He's aware of the court order. It wouldn't just go away. | 0:01:14 | 0:01:18 | |
And today's sort of crunch time. | 0:01:18 | 0:01:20 | |
And Mike clamps down on a landlord who hasn't returned a tenant's deposit. | 0:01:20 | 0:01:24 | |
We're going to immobilise the Volvo, | 0:01:24 | 0:01:27 | |
hoping he turns up in his Mercedes-Benz, | 0:01:27 | 0:01:29 | |
and we'll immobilise his Merc as well. | 0:01:29 | 0:01:31 | |
On average, we spend more than £33,000 | 0:01:36 | 0:01:40 | |
over the course of a lifetime on cosmetics and skincare products. | 0:01:40 | 0:01:45 | |
Taking care of how we look is now a multi-billion pound industry. | 0:01:45 | 0:01:49 | |
Today, High Court enforcement agents Rob Foster and Gerald Anderson | 0:01:53 | 0:01:56 | |
are on their way to skincare company, Sesderma UK Limited. | 0:01:56 | 0:02:01 | |
Gerald's no beauty expert, | 0:02:01 | 0:02:03 | |
but he is hopeful there'll be plenty of assets on site. | 0:02:03 | 0:02:06 | |
We've had a little bit of information that the company has | 0:02:06 | 0:02:09 | |
expensive serums, a skincare line, fillers, chemical peels, etc. | 0:02:09 | 0:02:16 | |
Rob and Gerald are pursuing a debt on behalf of four ex-employees, | 0:02:16 | 0:02:20 | |
who each took their case to an employment tribunal and won. | 0:02:20 | 0:02:24 | |
They didn't get the money so their cases were transferred to the High Court for enforcement. | 0:02:24 | 0:02:29 | |
I've got four writs against the same company. | 0:02:29 | 0:02:33 | |
All of them are tribunals. | 0:02:33 | 0:02:35 | |
All of them are to do with nonpayment of holiday pay, | 0:02:35 | 0:02:40 | |
unpaid wages and unpaid expenses. | 0:02:40 | 0:02:43 | |
Hopefully, we can get all four of them sorted. | 0:02:43 | 0:02:46 | |
Christine Dunnington is one of the four claimants | 0:02:48 | 0:02:51 | |
pinning her hopes on the sheriffs. | 0:02:51 | 0:02:55 | |
Christine was delighted when she landed her dream job, | 0:02:55 | 0:02:58 | |
heading up the UK sales team | 0:02:58 | 0:02:59 | |
for leading Spanish skincare company Sesderma. | 0:02:59 | 0:03:03 | |
It was skincare, which I'm quite passionate about and it was sales, | 0:03:03 | 0:03:06 | |
which I'm very passionate about, as well. | 0:03:06 | 0:03:10 | |
Christine was based at the Sesderma UK head office in Oxted, Surrey. | 0:03:10 | 0:03:15 | |
Her brief, to help establish the company's products in the UK market. | 0:03:15 | 0:03:19 | |
I knew it was a big brand out in Spain and very successful in the UK. | 0:03:19 | 0:03:24 | |
It had only been launched for six months but I saw it as a challenge. | 0:03:24 | 0:03:29 | |
I thought, you know, I can help launch this product in the UK. | 0:03:29 | 0:03:33 | |
I can see it working, because, you know, the product is great. | 0:03:33 | 0:03:37 | |
The science is great behind the product. | 0:03:37 | 0:03:40 | |
Christine was joined by head of marketing Kamal Watson | 0:03:40 | 0:03:44 | |
and her own sales team, including product specialist Charlotte Smith. | 0:03:44 | 0:03:48 | |
I thought the company was an ambitious company | 0:03:48 | 0:03:52 | |
and they had a lot of prospect for growth. | 0:03:52 | 0:03:55 | |
I was absolutely ecstatic when I was offered the job with Sesderma. | 0:03:55 | 0:04:00 | |
It was a fabulous opportunity | 0:04:00 | 0:04:01 | |
and it was something I was really looking forward to. | 0:04:01 | 0:04:04 | |
As far as Christine was concerned, | 0:04:04 | 0:04:07 | |
she'd put together a strong team and everything was moving in the right direction. | 0:04:07 | 0:04:10 | |
It was going really well. | 0:04:10 | 0:04:12 | |
People were hitting sales targets. The sales were growing. | 0:04:12 | 0:04:15 | |
We were up over 300% from where I'd started when I joined. | 0:04:15 | 0:04:20 | |
Christine's position leading the sales team at Sesderma UK seemed secure. | 0:04:20 | 0:04:26 | |
I thought it was my dream. I thought it was, you know, where my future was going to be. | 0:04:26 | 0:04:30 | |
I was going to grow with the company | 0:04:30 | 0:04:32 | |
and bring it to the success that it has in Spain. | 0:04:32 | 0:04:34 | |
But, yeah, my dream was cut short. | 0:04:36 | 0:04:39 | |
Eight months into her job, and with no apparent warning, | 0:04:41 | 0:04:44 | |
Christine was dismissed. | 0:04:44 | 0:04:46 | |
I was told to go immediately, leave my laptop, leave my phone. | 0:04:46 | 0:04:50 | |
I could take my personal photos off of the laptop but that was it. | 0:04:50 | 0:04:54 | |
Go. I didn't know what I'd done wrong. | 0:04:54 | 0:04:56 | |
You know, I was dumbfounded as to what had happened. | 0:04:56 | 0:04:58 | |
With rumours of budget cuts and restructures, | 0:04:58 | 0:05:00 | |
Christine's dismissal wasn't the only shock. | 0:05:00 | 0:05:04 | |
At around the same time, Charlotte and Kamal were also sacked. | 0:05:04 | 0:05:08 | |
I received a week's notice and was just told, it's not working out. | 0:05:08 | 0:05:12 | |
It really did impact my confidence. | 0:05:12 | 0:05:14 | |
You take it very personally and I did get stressed. | 0:05:15 | 0:05:19 | |
A week's notice is not very long to find something else. | 0:05:19 | 0:05:22 | |
So it was a really stressful time. | 0:05:22 | 0:05:25 | |
For Kamal in particular, the news was a shattering blow. | 0:05:25 | 0:05:29 | |
Her husband had a serious health problem and was unable to work. | 0:05:29 | 0:05:33 | |
I was really devastated at the time. | 0:05:33 | 0:05:35 | |
My husband had just suffered a heart attack, | 0:05:35 | 0:05:38 | |
so the timing was just not great. | 0:05:38 | 0:05:40 | |
Knowing that you've had a place you've been going to every day, | 0:05:43 | 0:05:46 | |
you've invested everything, committed everything and then suddenly, | 0:05:46 | 0:05:49 | |
for it to just go and you lose your sense of routine and... | 0:05:49 | 0:05:52 | |
Sorry... | 0:05:52 | 0:05:54 | |
Yeah, it was just really, really hard. | 0:05:56 | 0:05:59 | |
Hard to deal with. | 0:05:59 | 0:06:01 | |
Christine, Charlotte and Kamal, | 0:06:04 | 0:06:05 | |
along with a fourth employee who'd also been sacked, | 0:06:05 | 0:06:08 | |
were unhappy about the way they'd been treated. | 0:06:08 | 0:06:11 | |
They decided to take their case to ACAS, the conciliation service. | 0:06:11 | 0:06:15 | |
All four claimed they were owed money | 0:06:15 | 0:06:17 | |
and two of them accused the company of breach of contract. | 0:06:17 | 0:06:20 | |
We'd all lost our jobs very close together and we were owed money | 0:06:20 | 0:06:24 | |
as in salary and expenses, holidays and we thought if we all joined together, | 0:06:24 | 0:06:29 | |
then we're going to have more chance of receiving what's owed to us. | 0:06:29 | 0:06:33 | |
A lot of money was owed to the four of us and, you know, | 0:06:33 | 0:06:36 | |
everyone's circumstances are different and I know some of them were really | 0:06:36 | 0:06:40 | |
struggling with not having pay, having to sell cars, | 0:06:40 | 0:06:42 | |
having to move out of where they were living, you know. | 0:06:42 | 0:06:45 | |
It's devastating for people to find themselves in this position. | 0:06:45 | 0:06:50 | |
For Kamal, losing her family's only source of income hit hard. | 0:06:50 | 0:06:54 | |
Knowing where the next penny was coming in was crucial. | 0:06:54 | 0:06:57 | |
Financially, that pressure now suddenly was just there | 0:06:57 | 0:07:02 | |
and it was just a lot to... a lot to deal with, you know. | 0:07:02 | 0:07:06 | |
I was expected to be the breadwinner and support my husband emotionally | 0:07:06 | 0:07:09 | |
and financially, and with the redundancy, I wasn't able to do that, | 0:07:09 | 0:07:13 | |
so I felt very helpless. | 0:07:13 | 0:07:15 | |
A settlement couldn't be agreed at ACAS, | 0:07:15 | 0:07:18 | |
so the women went to an employment tribunal. | 0:07:18 | 0:07:20 | |
When Sesderma UK didn't contest the case, | 0:07:20 | 0:07:23 | |
an award was made in favour of the four ex-employees | 0:07:23 | 0:07:26 | |
but they still didn't get their money, so their case was transferred | 0:07:26 | 0:07:29 | |
to the High Court for enforcement. | 0:07:29 | 0:07:32 | |
I've heard about the sheriffs from my uncle. | 0:07:32 | 0:07:34 | |
That's the best chance that we have, | 0:07:34 | 0:07:37 | |
I would say, to try to get some of the money that is owed to us. | 0:07:37 | 0:07:41 | |
We've called in the sheriffs as a last resort. | 0:07:41 | 0:07:44 | |
We've got to the point where we have tried everything now | 0:07:44 | 0:07:47 | |
and we're really hoping that the sheriffs can resolve and just put this... | 0:07:47 | 0:07:52 | |
this case to a close and just get us the money that we're owed. | 0:07:52 | 0:07:55 | |
The amount owed, including fees, is £15,927. | 0:07:58 | 0:08:02 | |
Rob and Gerald are on their way to Sesderma UK's head office | 0:08:06 | 0:08:10 | |
in Oxted, Surrey, | 0:08:10 | 0:08:11 | |
but there's an immediate potential problem. | 0:08:11 | 0:08:14 | |
The only way into the office is through a shared access doorway | 0:08:14 | 0:08:17 | |
and that means, if the door's locked and no-one lets them in, | 0:08:17 | 0:08:20 | |
they won't be able force entry. | 0:08:20 | 0:08:23 | |
If nobody opens it, legally, we could have a problem. | 0:08:23 | 0:08:27 | |
Even though it's commercial, | 0:08:27 | 0:08:29 | |
we could have a problem forcing entry and it's a shared access. | 0:08:29 | 0:08:32 | |
Luckily, the door is unlocked and they can walk straight in. | 0:08:32 | 0:08:36 | |
Oh! Diamond! | 0:08:36 | 0:08:39 | |
There is a second internal door but that's also unlocked. | 0:08:39 | 0:08:44 | |
-Two times lucky. -Two times lucky. | 0:08:44 | 0:08:46 | |
Finally, the sheriffs reach the Sesderma UK offices. | 0:08:46 | 0:08:50 | |
Oh, we have three. | 0:08:50 | 0:08:55 | |
Hello. | 0:08:55 | 0:08:56 | |
You all right? We're looking for the owner or director | 0:08:56 | 0:08:58 | |
of Sesderma UK Ltd. | 0:08:58 | 0:09:01 | |
-Is that yourself? -No. -No? Is the director... ? | 0:09:01 | 0:09:03 | |
The directors of the parent company, Sesderma, | 0:09:03 | 0:09:06 | |
are based in Spain. | 0:09:06 | 0:09:07 | |
So Rob and Gerald want to speak to Alberto Sarmiento, | 0:09:07 | 0:09:11 | |
the project manager and company secretary for Sesderma UK. | 0:09:11 | 0:09:15 | |
But Mr Sarmiento is out on business. | 0:09:15 | 0:09:18 | |
Yeah, if you can give him a call. If you let him know that | 0:09:18 | 0:09:20 | |
-agents from the Sheriff's office are here. -Yeah. | 0:09:20 | 0:09:23 | |
And we need to speak to him regarding Mrs C Smith and others. | 0:09:23 | 0:09:27 | |
The employee goes to call her boss while Rob and Gerald size up the stock. | 0:09:27 | 0:09:32 | |
-Very well stocked. -Very well-stocked, yes. | 0:09:32 | 0:09:35 | |
But to what... to what value? | 0:09:35 | 0:09:38 | |
I wouldn't know if that there | 0:09:38 | 0:09:41 | |
is worth 50p or five quid. | 0:09:41 | 0:09:44 | |
What sort of price is all this stuff, do you know? | 0:09:46 | 0:09:48 | |
What would I have to pay for something like that? | 0:09:48 | 0:09:51 | |
It would be £30, £40. | 0:09:51 | 0:09:53 | |
30, 40 quid for that? | 0:09:53 | 0:09:55 | |
Whoo! | 0:09:55 | 0:09:56 | |
The cost of skincare products may be an eye-opener for Gerald | 0:09:56 | 0:09:59 | |
but it's good news for the sheriffs, because the value of the stock | 0:09:59 | 0:10:02 | |
may be sufficient to cover the debt. | 0:10:02 | 0:10:05 | |
Gerald finds an order boxed up and ready to go out. | 0:10:05 | 0:10:09 | |
This box here is to be delivered. | 0:10:09 | 0:10:12 | |
13 times, two, four, six, eight, 12, 13. | 0:10:12 | 0:10:16 | |
The 13 is £400. | 0:10:16 | 0:10:19 | |
There's everything from foot creams to face cleansers and it all adds up. | 0:10:19 | 0:10:23 | |
There's thousands of pounds' worth of stuff here. | 0:10:23 | 0:10:26 | |
And there's one product in particular that catches | 0:10:26 | 0:10:28 | |
the ever youthful Gerald's eye. | 0:10:28 | 0:10:31 | |
I'd probably pick this one, which is an anti-ageing facial. | 0:10:31 | 0:10:37 | |
I'd use this one, because it's my birthday at the end of this month | 0:10:37 | 0:10:41 | |
and I'm 21 again. | 0:10:41 | 0:10:42 | |
And this will confirm it! | 0:10:42 | 0:10:45 | |
The employee's finally managed to get Mr Sarmiento on the phone. | 0:10:45 | 0:10:49 | |
It's Mr Foster from the Sheriff's office. | 0:10:49 | 0:10:51 | |
We have four High Court writs. | 0:10:51 | 0:10:54 | |
Mr Sarmiento says he won't make a payment in full because the amount | 0:10:54 | 0:10:57 | |
in each of the four writs is wrong. | 0:10:57 | 0:11:00 | |
He tells Rob he's already paid some of the money direct to the four claimants. | 0:11:00 | 0:11:04 | |
But despite this, the sheriffs are obliged to execute the writs. | 0:11:04 | 0:11:09 | |
Regardless of what you claim to have paid at the moment, | 0:11:09 | 0:11:11 | |
we haven't received any proof of that, | 0:11:11 | 0:11:13 | |
so all we can go on is the outstanding balances that we've got on the four writs. | 0:11:13 | 0:11:17 | |
Rob explains that the sheriffs hold the money for 14 days | 0:11:17 | 0:11:20 | |
so if it turns out Mr Sarmiento has paid too much, he can claim it back. | 0:11:20 | 0:11:25 | |
I can send you links to pay each one, | 0:11:25 | 0:11:27 | |
or I can send you our bank details for you to make payments on each one. | 0:11:27 | 0:11:30 | |
But Mr Sarmiento is still refusing to pay. | 0:11:30 | 0:11:33 | |
Well, you're going to lose your stock, then. | 0:11:33 | 0:11:35 | |
It's as simple as that. I'm not beating around the bush with it. | 0:11:35 | 0:11:38 | |
You either pay it or we remove. | 0:11:38 | 0:11:40 | |
Mr Sarmiento says he's on his way back to the office | 0:11:40 | 0:11:43 | |
but he's over an hour away. | 0:11:43 | 0:11:45 | |
He's... I don't think he's not going to pay it but there is plentiful | 0:11:45 | 0:11:48 | |
supply of assets here so we'll call a recovery contract and we'll have them away. | 0:11:48 | 0:11:51 | |
But within a few minutes, Mr Sarmiento is back on the phone | 0:11:51 | 0:11:54 | |
and he's changed his tune. | 0:11:54 | 0:11:56 | |
Hello, sir. My name's Mr Anderson for the Sheriff's office. | 0:11:56 | 0:11:59 | |
He now says he will pay | 0:11:59 | 0:12:00 | |
but he doesn't have sufficient company funds in the UK. | 0:12:00 | 0:12:04 | |
So he'll have to contact Sesderma's head office in Spain. | 0:12:04 | 0:12:07 | |
I can send the details to this person in Spain and he can pay it | 0:12:07 | 0:12:11 | |
directly into our account from Spain. | 0:12:11 | 0:12:13 | |
The sheriffs are going to start listing assets | 0:12:13 | 0:12:15 | |
but decide to hold off actually removing stock | 0:12:15 | 0:12:18 | |
to give Mr Sarmiento the chance to pay in full. | 0:12:18 | 0:12:21 | |
We're starting the inventory now. | 0:12:21 | 0:12:23 | |
Now I'm happy enough not to start walking out with all your stuff | 0:12:23 | 0:12:27 | |
until you get here. | 0:12:27 | 0:12:28 | |
All I need to know, sir, is when you get back there, | 0:12:28 | 0:12:32 | |
are your intentions to get this paid | 0:12:32 | 0:12:34 | |
or am I sitting here wasting my time? | 0:12:34 | 0:12:37 | |
Mr Sarmiento says he will pay but still maintains the amount | 0:12:37 | 0:12:41 | |
on the writs is wrong. | 0:12:41 | 0:12:43 | |
About an hour, is it? OK. Cheers. | 0:12:43 | 0:12:46 | |
Gerald briefs Rob on the debtor's claims that a part payment | 0:12:48 | 0:12:51 | |
has already been made. | 0:12:51 | 0:12:53 | |
He says he has proof by e-mails that he's paid 50% to each one | 0:12:53 | 0:12:56 | |
-of them. -Yeah. -He's got proof of the payments being made. | 0:12:56 | 0:13:00 | |
If they have had payments, and they confirm it, | 0:13:00 | 0:13:02 | |
-then we can adjust the figures likewise. -Yeah. | 0:13:02 | 0:13:05 | |
There's only one way to clear this up | 0:13:05 | 0:13:07 | |
and that's to talk directly to the claimants. | 0:13:07 | 0:13:10 | |
Gerald gives Christine, one of the four claimants, a call. | 0:13:10 | 0:13:13 | |
Is that Christine Dunnington? Yeah, how are you doing? | 0:13:13 | 0:13:15 | |
My name's Mr Anderson from the Sheriff's office. | 0:13:15 | 0:13:17 | |
How do? All right? I've just been on the blower | 0:13:19 | 0:13:22 | |
talking to the chappy. | 0:13:22 | 0:13:24 | |
He reckons that he's paid 50% of this debt already. | 0:13:24 | 0:13:26 | |
Now, I can't see whether he's paid anything or not. | 0:13:26 | 0:13:29 | |
Christine explains that they had received some money from Sesderma UK. | 0:13:29 | 0:13:33 | |
But that was several months before the employment tribunal. | 0:13:33 | 0:13:37 | |
So the amount they were awarded and the amount on each of the writs is correct. | 0:13:37 | 0:13:41 | |
-Them figures are correct, then? -Yep. The figures are absolutely correct. | 0:13:41 | 0:13:44 | |
Mr Sarmiento will need to pay the full amount, | 0:13:44 | 0:13:46 | |
a combined total of nearly £16,000, | 0:13:46 | 0:13:49 | |
to prevent his stock being removed by the sheriffs. | 0:13:49 | 0:13:53 | |
Later, Mr Sarmiento arrives in the office | 0:13:53 | 0:13:56 | |
to put the sheriffs in the picture. | 0:13:56 | 0:13:58 | |
Using the County Courts to try and recover money you're owed isn't difficult. | 0:14:07 | 0:14:12 | |
1.5 million money claims are paid every year in England and Wales, | 0:14:12 | 0:14:16 | |
involving anything from faulty goods or poor workmanship | 0:14:16 | 0:14:20 | |
to unpaid invoices. | 0:14:20 | 0:14:22 | |
Claims can be filed online or by post for a small fee. | 0:14:22 | 0:14:26 | |
Both parties in the case will be asked to submit evidence | 0:14:26 | 0:14:29 | |
and you may have to attend a court hearing. | 0:14:29 | 0:14:32 | |
If you're successful, a County Court judgment or CCJ will be issued against the debtor. | 0:14:32 | 0:14:38 | |
If they still don't pay, that's when you call the sheriffs. | 0:14:38 | 0:14:41 | |
If you're owed money and have a County Court judgment in your favour, | 0:14:45 | 0:14:49 | |
you have six years in which to enforce the debt. | 0:14:49 | 0:14:52 | |
Wait any longer than that, and you can still enforce | 0:14:52 | 0:14:55 | |
but you'll need special permission from the court first. | 0:14:55 | 0:14:59 | |
It's early morning and High Court enforcement agents | 0:14:59 | 0:15:02 | |
-Tommy Coyle and Mike Perkins are passing Wembley Stadium... -Wembley! | 0:15:02 | 0:15:06 | |
..pursuing a debt that dates back five years. | 0:15:06 | 0:15:10 | |
This morning, we're looking for Xenon Builders Ltd. | 0:15:10 | 0:15:13 | |
The debt's for around £59,000. | 0:15:13 | 0:15:16 | |
The claimant is a subcontractor who is owed the money for work | 0:15:16 | 0:15:19 | |
carried out and materials supplied. | 0:15:19 | 0:15:22 | |
The original court judgment dates back to 2012, | 0:15:22 | 0:15:25 | |
but the claimant didn't get his money, | 0:15:25 | 0:15:27 | |
and only now has the case been transferred to the High Court | 0:15:27 | 0:15:30 | |
for enforcement. | 0:15:30 | 0:15:32 | |
The total amount owed today, £59,204. | 0:15:32 | 0:15:37 | |
We're going to be looking for assets such as building vans, | 0:15:40 | 0:15:44 | |
any high-value building equipment. | 0:15:44 | 0:15:47 | |
Tommy and Mike find the address on the writ easily enough | 0:15:47 | 0:15:49 | |
but there's no sign of any builders' vans. | 0:15:49 | 0:15:53 | |
It's quite a small commercial property. | 0:15:53 | 0:15:55 | |
What we can see at the moment, there's no external assets. | 0:15:55 | 0:15:58 | |
Not the best, not the best. But you never know. | 0:15:58 | 0:16:01 | |
We might go in there and they could have thousands of pounds' worth | 0:16:01 | 0:16:06 | |
of stuff in there. | 0:16:06 | 0:16:08 | |
But what's even more worrying is the signage. | 0:16:08 | 0:16:10 | |
There are signs for several different limited companies, | 0:16:10 | 0:16:14 | |
including Zen Builders Ltd. | 0:16:14 | 0:16:16 | |
But the writ is against Zenon, | 0:16:16 | 0:16:18 | |
so the sheriffs won't be able to remove assets if they're owned by Zen. | 0:16:18 | 0:16:25 | |
Zenon Builders Ltd. It's this house? | 0:16:25 | 0:16:28 | |
Is the boss about? Director? | 0:16:28 | 0:16:30 | |
Good news. It sounds like Zenon Builders is trading from here. | 0:16:30 | 0:16:34 | |
-Yes, I am manager. -You're the manager. | 0:16:34 | 0:16:36 | |
My English is a little bit... | 0:16:36 | 0:16:38 | |
We'll go and talk in private somewhere and I'll explain everything. | 0:16:38 | 0:16:42 | |
High Court enforcement agent. | 0:16:42 | 0:16:43 | |
We're here with a High Court writ today, for Zenon Builders Ltd. | 0:16:43 | 0:16:48 | |
We're here to collect an amount, £59,204.56. | 0:16:48 | 0:16:53 | |
I don't know how you'd like to get that paid. | 0:16:53 | 0:16:56 | |
News of the writ comes as a shock to the manager. | 0:16:56 | 0:16:59 | |
He says it's a matter for his boss. | 0:16:59 | 0:17:01 | |
-Can you ring your boss up? -OK. -So we can speak to him. | 0:17:01 | 0:17:03 | |
Get him on the phone. I'll explain it all to him. | 0:17:03 | 0:17:06 | |
The manager goes off to make a phone call, | 0:17:06 | 0:17:08 | |
giving Tommy time to assess the situation. | 0:17:08 | 0:17:11 | |
In a minute, I'm thinking, there's going to be | 0:17:11 | 0:17:13 | |
a few limited entities here, | 0:17:13 | 0:17:15 | |
due to different signs of limited companies that are up on the front. | 0:17:15 | 0:17:19 | |
That's clearly one challenge here. | 0:17:19 | 0:17:22 | |
Asset-wise, there is a lot of machines here. | 0:17:22 | 0:17:24 | |
Some of them are of decent value. | 0:17:24 | 0:17:26 | |
It'd be down to find out who they belong to. | 0:17:26 | 0:17:29 | |
If they're the property of Zenon Builders Ltd and not Zen Builders Ltd, | 0:17:29 | 0:17:34 | |
Tommy and Mike will be able to remove them. | 0:17:34 | 0:17:37 | |
But that will bring its own challenge. | 0:17:37 | 0:17:40 | |
It's quite hard to uplift, | 0:17:40 | 0:17:41 | |
so we'll probably need specialist contractors in to do this | 0:17:41 | 0:17:46 | |
but there is value in all of this kind of machinery. | 0:17:46 | 0:17:49 | |
Because, like I'm saying, it's vital to a business like this. They wouldn't want it going. | 0:17:49 | 0:17:53 | |
Minutes later, the manager reappears. | 0:17:53 | 0:17:56 | |
-My boss. -Is it? -He has the boss on the phone. | 0:17:56 | 0:17:58 | |
My name's Tom Coyle. | 0:17:58 | 0:17:59 | |
I'm from the Sheriff's office, High Court enforcement agent. | 0:17:59 | 0:18:03 | |
We have a High Court order here today to execute. | 0:18:03 | 0:18:06 | |
The boss claims he has no knowledge of the court order | 0:18:06 | 0:18:09 | |
or the £59,000 debt. | 0:18:09 | 0:18:11 | |
They have sent a notice of enforcement out here. | 0:18:11 | 0:18:14 | |
I'm here just to execute the court order. | 0:18:14 | 0:18:16 | |
The man asked Tommy when that notice of enforcement was sent out. | 0:18:16 | 0:18:20 | |
I can get you a date when it was sent in. | 0:18:20 | 0:18:22 | |
It would have given you seven days but it's not just that, sir. | 0:18:22 | 0:18:26 | |
You must know this is a large sum of money. | 0:18:26 | 0:18:29 | |
He continues to plead ignorance. | 0:18:29 | 0:18:31 | |
You have no idea about it, basically, someone taking you to court? | 0:18:31 | 0:18:34 | |
Initially, it was £38,000. | 0:18:34 | 0:18:36 | |
If I was running a company, | 0:18:36 | 0:18:38 | |
I'd know if someone was getting a court order against me for £38,000. | 0:18:38 | 0:18:43 | |
Since then, court costs, enforcement fees | 0:18:43 | 0:18:45 | |
and interest has been added to the debt. | 0:18:45 | 0:18:47 | |
Eventually, the man does remember. | 0:18:48 | 0:18:50 | |
And Tommy's keen to get on with the business of enforcement. | 0:18:50 | 0:18:54 | |
We're just here to execute it today. | 0:18:54 | 0:18:56 | |
We're not here to discuss it. | 0:18:56 | 0:18:58 | |
We need £59,000, or we need to take goods of the company. | 0:18:58 | 0:19:03 | |
The boss tells Tommy he'll be there in 20 minutes. | 0:19:03 | 0:19:06 | |
I'll see you then. Bye-bye, sir. Bye-bye. | 0:19:06 | 0:19:08 | |
At the moment, he says he's in shock. He remembers the case. | 0:19:11 | 0:19:15 | |
It's from 2012. | 0:19:15 | 0:19:16 | |
He thought it was all sorted out via his lawyer. | 0:19:16 | 0:19:19 | |
He said he wants to resolve the matter. | 0:19:19 | 0:19:22 | |
Whether he means we get that resolved by payment | 0:19:22 | 0:19:25 | |
or I'll have to resolve it for him | 0:19:25 | 0:19:27 | |
by taking goods away today, we don't know. | 0:19:27 | 0:19:29 | |
With Mike starting to make an inventory of assets, | 0:19:29 | 0:19:32 | |
the company book-keeper turns up. | 0:19:32 | 0:19:34 | |
She's been briefed by her boss. | 0:19:34 | 0:19:36 | |
We haven't received any paperwork whatsoever. | 0:19:36 | 0:19:39 | |
You should have received some paperwork. | 0:19:39 | 0:19:42 | |
Then again, it's irrelevant if he's saying he's had the information or not. | 0:19:42 | 0:19:45 | |
He was aware of the court order from 2012 so he knew all about it. | 0:19:45 | 0:19:48 | |
It wouldn't just go away. | 0:19:48 | 0:19:50 | |
And it's today, it's sort of crunch time. | 0:19:50 | 0:19:53 | |
At the moment, we need £59,234. | 0:19:53 | 0:19:56 | |
The quicker we get it sorted... | 0:19:58 | 0:19:59 | |
-You want to go up, sir, to the office? -That would be better. | 0:19:59 | 0:20:02 | |
-Yes. -Yeah? -Yeah. | 0:20:02 | 0:20:03 | |
The bookkeeper ushers the sheriffs into the boardroom | 0:20:03 | 0:20:05 | |
and while they're waiting for the boss to arrive, | 0:20:05 | 0:20:08 | |
Tommy checks out the frame certificates on the window ledge. | 0:20:08 | 0:20:11 | |
It's all in the name. | 0:20:11 | 0:20:13 | |
Zen Builders Ltd. | 0:20:13 | 0:20:16 | |
We have Zenon Builders Ltd. | 0:20:16 | 0:20:19 | |
Seems a very small difference but it can be vital. | 0:20:19 | 0:20:23 | |
The sheriffs are entitled to carry out a diligent search of the debtor's premises, | 0:20:23 | 0:20:28 | |
so Mike starts sifting through paperwork, | 0:20:28 | 0:20:30 | |
looking for anything that will prove Zenon Builders Ltd | 0:20:30 | 0:20:33 | |
is an active company and is trading from these premises. | 0:20:33 | 0:20:37 | |
We've got health and safety at work, legislation for Zenon Builders Ltd. | 0:20:37 | 0:20:41 | |
If he can find an invoice or receipt in Zenon's name, | 0:20:41 | 0:20:44 | |
it could make the difference between securing payment in full | 0:20:44 | 0:20:47 | |
and walking away empty-handed. | 0:20:47 | 0:20:49 | |
This is a rates refund application for Zenon Builders Ltd. | 0:20:49 | 0:20:54 | |
It helps. Yeah, there's more stuff here. | 0:20:54 | 0:20:56 | |
I've got HM Revenue and Customs. | 0:20:56 | 0:20:58 | |
It adds to the bigger, bigger picture. | 0:20:58 | 0:21:01 | |
Can't beat a diligent search. | 0:21:01 | 0:21:04 | |
There's plenty of paperwork relating to Zenon, the debtor company. | 0:21:04 | 0:21:07 | |
-Loads. -If the boss says Zenon Builders is no longer active, | 0:21:07 | 0:21:10 | |
this paperwork could prove invaluable. | 0:21:10 | 0:21:14 | |
-Just take a picture of all of that. -Yeah. | 0:21:14 | 0:21:16 | |
Mike photographs the evidence and a few minutes later, | 0:21:16 | 0:21:19 | |
the boss arrives. | 0:21:19 | 0:21:21 | |
Zenon Builders Ltd. | 0:21:21 | 0:21:24 | |
Just show some of the application. | 0:21:24 | 0:21:26 | |
The boss, Mr Zenon Kaczmarczyk, | 0:21:26 | 0:21:28 | |
is denying Zenon Builders Ltd is trading here. | 0:21:28 | 0:21:32 | |
So what are you saying exactly? | 0:21:32 | 0:21:36 | |
You're saying Zenon Builders is not trading? | 0:21:36 | 0:21:38 | |
I beg to differ, | 0:21:38 | 0:21:40 | |
because you've got business rates there that you've been paying for Zenon Builders. | 0:21:40 | 0:21:44 | |
If the sheriffs end up removing assets today, | 0:21:44 | 0:21:47 | |
the onus will be on the debtor to prove which assets belong to Zenon, | 0:21:47 | 0:21:51 | |
and which to Zen. | 0:21:51 | 0:21:52 | |
You need to prove to us everything with who it belongs to here, | 0:21:52 | 0:21:56 | |
so it'll be tables, chairs, the machinery, and what name's all that in. | 0:21:56 | 0:22:00 | |
Zen Builders? | 0:22:01 | 0:22:04 | |
At this point, our camera is asked to leave. | 0:22:04 | 0:22:06 | |
Inside, the boss is still saying Zenon Builders Ltd is no longer active, | 0:22:09 | 0:22:13 | |
but Mike is continuing his diligent search of the offices and he finally | 0:22:13 | 0:22:17 | |
discovers some vital evidence. | 0:22:17 | 0:22:20 | |
I went to the side offices and I found invoices for last month. | 0:22:20 | 0:22:25 | |
He told us that the company had stopped trading here seven years ago. | 0:22:25 | 0:22:29 | |
He is now saying that all the assets belong to Zen Builders, | 0:22:29 | 0:22:33 | |
not Zenon Builders. | 0:22:33 | 0:22:34 | |
I'm hoping he makes the payment. | 0:22:34 | 0:22:36 | |
If he doesn't, it's going to be a long day. | 0:22:36 | 0:22:39 | |
Finally, after nearly an hour, the sheriffs emerge. | 0:22:39 | 0:22:43 | |
But has Mike and Tommy's persistence paid off? | 0:22:43 | 0:22:46 | |
And have they managed to come away with the claimant's money? | 0:22:46 | 0:22:50 | |
We enforced it thoroughly | 0:22:50 | 0:22:52 | |
and that produced a full payment of £59,204.56. | 0:22:52 | 0:22:56 | |
Payment in full, | 0:22:58 | 0:23:00 | |
thanks to Mike's diligent search and the vital evidence he uncovered. | 0:23:00 | 0:23:03 | |
When I found up-to-date invoices for the last two months, at that point, | 0:23:03 | 0:23:06 | |
he started to change his whole attitude towards the, obviously, the debt. | 0:23:06 | 0:23:12 | |
It's a good result for the sheriffs and for the claimant who's been | 0:23:12 | 0:23:15 | |
waiting five years for his money. | 0:23:15 | 0:23:16 | |
Zenon Kaczmarczyk told us that Zenon Builders Ltd is not a trading company | 0:23:19 | 0:23:24 | |
and that he has started legal proceedings | 0:23:24 | 0:23:26 | |
to recover the money paid to the sheriffs, | 0:23:26 | 0:23:28 | |
which he says was paid under duress. | 0:23:28 | 0:23:30 | |
Back in Oxted in Surrey, | 0:23:44 | 0:23:45 | |
Rob and Gerald are enforcing four separate writs | 0:23:45 | 0:23:48 | |
with a combined total of nearly £16,000. | 0:23:48 | 0:23:52 | |
I'm not beating around the bush with it. You either pay it or we remove. | 0:23:52 | 0:23:55 | |
It's as simple as. | 0:23:55 | 0:23:56 | |
But Sesderma UK Project manager Mr Sarmiento has been disputing | 0:23:56 | 0:24:01 | |
the size of the debt, saying he's already made a part payment. | 0:24:01 | 0:24:05 | |
-Them figures are correct, then? -Yeah, the figures are absolutely correct. | 0:24:05 | 0:24:08 | |
But he's wrong. Rob's back on the phone to Mr Sarmiento, | 0:24:08 | 0:24:11 | |
breaking the news to him that the writs are right and he does owe the full amount. | 0:24:11 | 0:24:15 | |
We've spoken to the claimants in the matter. | 0:24:15 | 0:24:17 | |
The balances that we've got on the paperwork now | 0:24:17 | 0:24:20 | |
include the remainder of unpaid wages, car allowances, | 0:24:20 | 0:24:23 | |
expenses and whatnot, so the balances that we have are correct. | 0:24:23 | 0:24:26 | |
If he's to prevent stock being removed, he'll have to come up with the cash. | 0:24:26 | 0:24:30 | |
We've had instructions from the client. It's either paid in full | 0:24:30 | 0:24:33 | |
on all four cases or we remove assets. | 0:24:33 | 0:24:36 | |
Every single item that we can find will be taken. | 0:24:36 | 0:24:38 | |
While they wait for Mr Sarmiento, | 0:24:40 | 0:24:42 | |
the sheriffs list assets and prepare stock for removal. | 0:24:42 | 0:24:46 | |
40 minutes later, Mr Sarmiento finally arrives. | 0:24:46 | 0:24:50 | |
All right, sir? All right. Mr Anderson. | 0:24:50 | 0:24:53 | |
-I'm Mr Foster. I spoke to you earlier. -Yeah. | 0:24:53 | 0:24:56 | |
He's not too keen on our camera and invites us to leave. | 0:24:56 | 0:24:59 | |
But ten minutes later, he invites us back inside. | 0:25:01 | 0:25:04 | |
He wants to show his bosses in Spain that there really are | 0:25:04 | 0:25:07 | |
High Court enforcement agents and a BBC film crew in his office. | 0:25:07 | 0:25:12 | |
So he's sending them a photo. | 0:25:12 | 0:25:14 | |
He wants to show them that, look, this is happening. | 0:25:14 | 0:25:17 | |
He hopes the photographic evidence will help persuade them to send him | 0:25:17 | 0:25:20 | |
sufficient funds to clear the debt today. | 0:25:20 | 0:25:24 | |
He's been on the phone to the directors in Spain. | 0:25:24 | 0:25:28 | |
He's just trying to get them to make payment in full at the moment. | 0:25:28 | 0:25:30 | |
As you can hear, he's on the phone at the moment. | 0:25:30 | 0:25:33 | |
But it sounds as if head office isn't prepared to bail him out. | 0:25:33 | 0:25:37 | |
Mr Sarmiento says he can only afford to pay half the debt | 0:25:37 | 0:25:41 | |
but after several months of being patient, | 0:25:41 | 0:25:43 | |
Christine, Charlotte and Kamal | 0:25:43 | 0:25:45 | |
aren't prepared to wait any longer for the money they're owed. | 0:25:45 | 0:25:49 | |
He's prepared to make a payment of £8,000 now and then he wants | 0:25:49 | 0:25:52 | |
to go on to an arrangement for the remainder. | 0:25:52 | 0:25:55 | |
However, we've got four claimants that are all refusing to accept any instalments. | 0:25:55 | 0:26:00 | |
They feel they've been messed around. | 0:26:00 | 0:26:02 | |
It's going to have to be paid in full today, or removal. | 0:26:02 | 0:26:06 | |
Mr Sarmiento is back on the phone to Spain but the boss isn't available. | 0:26:06 | 0:26:10 | |
Mm-hm. | 0:26:12 | 0:26:14 | |
The sheriffs have been at Sesderma UK for nearly three hours | 0:26:25 | 0:26:28 | |
and time is running out for Mr Sarmiento. | 0:26:28 | 0:26:32 | |
I can't believe just people are washing their hands. | 0:26:32 | 0:26:35 | |
He's got another five minutes to make payment, | 0:26:35 | 0:26:37 | |
otherwise we're going to phone up the recovery and start removal. | 0:26:37 | 0:26:41 | |
And once that happens, extra costs are inevitable. | 0:26:41 | 0:26:45 | |
Once we phone them, they'll charge as either way, whether they're here, | 0:26:45 | 0:26:48 | |
on their way, or just left their depot, | 0:26:48 | 0:26:50 | |
they will charge us, so you will pick that charge up as well. | 0:26:50 | 0:26:54 | |
With removal just minutes away, | 0:26:54 | 0:26:56 | |
Mr Sarmiento finally decides to pay in full, | 0:26:56 | 0:26:59 | |
making up the shortfall from his own personal account. | 0:26:59 | 0:27:02 | |
-Card? -Well, let's start doing the payments. | 0:27:02 | 0:27:05 | |
All right. Debit card? | 0:27:05 | 0:27:06 | |
-No, we have to go online. -Transfers online? -Yes. | 0:27:07 | 0:27:10 | |
No probs. I'll give you all the details now. | 0:27:10 | 0:27:13 | |
That'll do nicely for Gerald but each writ will have to be processed | 0:27:13 | 0:27:17 | |
and the amount on it paid individually. | 0:27:17 | 0:27:19 | |
So it's four separate transactions we'll have to do. | 0:27:19 | 0:27:23 | |
It's a long process but Rob and Gerald are happy with the outcome. | 0:27:23 | 0:27:27 | |
It literally got to zero hour. | 0:27:27 | 0:27:29 | |
But I think he's hoping to clear these debts | 0:27:29 | 0:27:31 | |
and make a success of this company and keep going. | 0:27:31 | 0:27:34 | |
I might be the only one who believes that eventually, this will pay off. | 0:27:34 | 0:27:39 | |
With Gerald processing the payments, Rob reflects on a job well done. | 0:27:39 | 0:27:43 | |
He thinks the key to today's enforcement was the threat of removal. | 0:27:43 | 0:27:47 | |
A lot of the time, you can find these individuals will stall | 0:27:47 | 0:27:49 | |
and stall and stall and stall and continue stalling | 0:27:49 | 0:27:53 | |
until you apply pressure. | 0:27:53 | 0:27:54 | |
In this line of work, that application of pressure is the removal of goods. | 0:27:54 | 0:27:58 | |
Until we start that process, | 0:27:58 | 0:28:00 | |
a lot of the time, they don't take it seriously. | 0:28:00 | 0:28:02 | |
Sometimes, they have to actually see that you are deadly serious | 0:28:02 | 0:28:05 | |
before they will start to cough up. | 0:28:05 | 0:28:08 | |
Account number, four, one... | 0:28:08 | 0:28:11 | |
With each payment now complete, | 0:28:11 | 0:28:13 | |
Rob checks the money has arrived safely in the Sheriff's account. | 0:28:13 | 0:28:16 | |
The next one is six, five, nine, one and 66p. | 0:28:16 | 0:28:21 | |
That's in there. OK. | 0:28:21 | 0:28:22 | |
It's been a long enforcement but the outcome for the four claimants | 0:28:22 | 0:28:26 | |
couldn't have been better. | 0:28:26 | 0:28:28 | |
Payment in full of the four debts totalling just short of £16,000, | 0:28:28 | 0:28:35 | |
so a very good result. | 0:28:35 | 0:28:37 | |
Christine, Kamal and Charlotte are delighted to finally get the money | 0:28:41 | 0:28:44 | |
they're owed and they have a special toast for the sheriffs. | 0:28:44 | 0:28:48 | |
Well, cheers, everybody. | 0:28:48 | 0:28:50 | |
We won. Yay! | 0:28:50 | 0:28:53 | |
So we just would like to say to Rob and Gerald, thank you so much. | 0:28:53 | 0:28:57 | |
-Thank you very much. -From all of us. Thank you very much. -Thank you. -Thank you so much. | 0:28:57 | 0:29:00 | |
We really, really appreciate it. | 0:29:00 | 0:29:02 | |
-Couldn't have done it without you. -Yeah. -Absolutely. | 0:29:02 | 0:29:05 | |
It was just an amazing feeling to know that we've been paid, | 0:29:05 | 0:29:08 | |
justice has been done, and that we can now sort of move on | 0:29:08 | 0:29:11 | |
and put a closure to that story. | 0:29:11 | 0:29:13 | |
When Rob rang me and they had left the building, | 0:29:13 | 0:29:16 | |
to say we've got the money, I was just ecstatic. | 0:29:16 | 0:29:21 | |
I actually did scream down the phone. | 0:29:21 | 0:29:23 | |
I never thought we were going to get there but, yeah, great news. | 0:29:23 | 0:29:27 | |
For Kamal the money is a welcome relief. | 0:29:27 | 0:29:30 | |
But there's some even more important news to celebrate. | 0:29:30 | 0:29:33 | |
My husband is doing a lot better now, | 0:29:33 | 0:29:35 | |
both emotionally and mentally. He's back out working, | 0:29:35 | 0:29:39 | |
so he's really positive and we're very optimistic about what the future will hold. | 0:29:39 | 0:29:42 | |
If you've won a County Court judgment and haven't been paid, | 0:29:49 | 0:29:53 | |
for £66, you can get the case transferred up to the High Court, | 0:29:53 | 0:29:57 | |
which will issue a writ for enforcement by the sheriffs. | 0:29:57 | 0:30:00 | |
Hello. I'm an enforcing agent. | 0:30:00 | 0:30:03 | |
I'm enforcing a High Court writ. | 0:30:03 | 0:30:04 | |
I'm here just to execute the court order. | 0:30:04 | 0:30:06 | |
They've got more powers than County Court bailiffs. | 0:30:06 | 0:30:09 | |
We're going to force entry into the shop in about the next 10-15 minutes. | 0:30:09 | 0:30:12 | |
I have the right under the writ to investigate. | 0:30:12 | 0:30:16 | |
If you obstruct myself or my colleague, it is a criminal offence. | 0:30:16 | 0:30:19 | |
And there's no limit to the size of the debts they can pursue. | 0:30:19 | 0:30:24 | |
£14 million. It's the largest job I've ever done. | 0:30:24 | 0:30:27 | |
He can pay it directly into our account from Spain. | 0:30:27 | 0:30:30 | |
If they're successful, they will recover your money and costs from the debtor... | 0:30:30 | 0:30:34 | |
-Thanks. -Thank you. -..as well as their own fees that are set | 0:30:34 | 0:30:37 | |
by the government. | 0:30:37 | 0:30:39 | |
It was that amount there, until half past five. | 0:30:39 | 0:30:41 | |
I don't stand here for three hours for nothing. | 0:30:41 | 0:30:45 | |
If the sheriffs can't get your money, | 0:30:45 | 0:30:47 | |
they'll ask you to pay a fee of £75 plus VAT. | 0:30:47 | 0:30:50 | |
It's just before 10am and High Court enforcement agents Tracy Lee | 0:30:55 | 0:30:59 | |
and Adam Crossley are in the north-west. | 0:30:59 | 0:31:02 | |
We're in Oldham, this morning, Adam and I. | 0:31:02 | 0:31:05 | |
It's Adam's patch, this, not mine. | 0:31:05 | 0:31:07 | |
They're on their way to double glazing company Glowarm. | 0:31:07 | 0:31:10 | |
The claimant has paid a deposit for glazing on two residential premises | 0:31:10 | 0:31:14 | |
and obviously, the work's not been done. | 0:31:14 | 0:31:16 | |
They took the matter to court and when Glowarm didn't respond, | 0:31:16 | 0:31:20 | |
a judgment was made in the claimant's favour. | 0:31:20 | 0:31:22 | |
But the money still wasn't forthcoming so it was transferred | 0:31:22 | 0:31:26 | |
to the High Court and now the sheriffs are on the case. | 0:31:26 | 0:31:29 | |
They sent Glowarm a notice of enforcement, | 0:31:31 | 0:31:33 | |
giving them a minimum of seven days to clear the debt | 0:31:33 | 0:31:36 | |
before the sheriffs turn up on their doorstep. | 0:31:36 | 0:31:39 | |
There's been no contact after the notice of enforcement, | 0:31:39 | 0:31:42 | |
so we're hoping obviously, that there's assets at this address. | 0:31:42 | 0:31:44 | |
We're unsure whether they're actually trading and manufacturing | 0:31:44 | 0:31:47 | |
from this address or it's merely a sales office. | 0:31:47 | 0:31:51 | |
The amount owed today is £1,861. | 0:31:51 | 0:31:54 | |
Glowarm's offices are in a converted cotton mill. | 0:31:57 | 0:32:01 | |
Multiple offices, isn't it? So it's going to be sales. | 0:32:01 | 0:32:05 | |
They're going to be just doing telephone sales, I'm guessing from here. | 0:32:05 | 0:32:10 | |
It's unlikely there'll be much here in the way of assets, | 0:32:10 | 0:32:13 | |
which will make today's enforcement all the more challenging. | 0:32:13 | 0:32:17 | |
All right, there? Looking for Glowarm. | 0:32:17 | 0:32:21 | |
It's Mr Cross, sir. I'm in enforcement agent. | 0:32:21 | 0:32:23 | |
The man on reception says he'll give them a call. | 0:32:23 | 0:32:27 | |
Hi! Are they in this building? | 0:32:27 | 0:32:29 | |
They're in this building. | 0:32:29 | 0:32:30 | |
Right. | 0:32:30 | 0:32:33 | |
Ten minutes later, there is no sign of anyone from Glowarm. | 0:32:33 | 0:32:37 | |
Yeah, I don't like to be kept waiting. Do you? | 0:32:37 | 0:32:40 | |
Patience is a virtue, Tracy. | 0:32:40 | 0:32:42 | |
I'm working on it! | 0:32:43 | 0:32:45 | |
Just then, a woman walks through the door. | 0:32:45 | 0:32:47 | |
She is from Glowarm. | 0:32:47 | 0:32:49 | |
There's a writ to enforce. | 0:32:49 | 0:32:51 | |
A writ of control that was issued in court. | 0:32:51 | 0:32:54 | |
The woman knows about the debt but claims the case is still ongoing. | 0:32:54 | 0:32:58 | |
Unfortunately, we're here to recover the money in full. | 0:32:58 | 0:33:00 | |
-Yeah, yeah. -Or remove assets. | 0:33:00 | 0:33:02 | |
The woman claims Glowarm didn't receive the Sheriff's notice of enforcement. | 0:33:02 | 0:33:06 | |
She goes to reception to check if there's any mail from them. | 0:33:06 | 0:33:09 | |
And there it is. The notice of enforcement. | 0:33:11 | 0:33:14 | |
It was sent a full two weeks ago. | 0:33:17 | 0:33:18 | |
They've not obviously checked their mail. They've not collected mail for a few days, | 0:33:18 | 0:33:22 | |
otherwise they would have picked up the notice and known about this. | 0:33:22 | 0:33:25 | |
They've now incurred enforcement costs, which they could have avoided if they'd have actioned it sooner. | 0:33:25 | 0:33:29 | |
The woman disappears, to give Glowarm's director Mr Ali a call. | 0:33:29 | 0:33:33 | |
She comes back a few minutes later, and takes Adam and Tracy to the Glowarm office. | 0:33:33 | 0:33:39 | |
There is a male colleague in the office | 0:33:39 | 0:33:41 | |
but apparently, he's not Mr Ali. | 0:33:41 | 0:33:43 | |
Director or no director, Adam gets straight down to business. | 0:33:43 | 0:33:47 | |
So what are we doing about getting it paid? | 0:33:47 | 0:33:49 | |
Are we paying it now? | 0:33:49 | 0:33:51 | |
That letter's dated. You can quite clearly see it's dated | 0:33:53 | 0:33:56 | |
the 24th of August. | 0:33:56 | 0:33:58 | |
-Right, well... -Yeah, but that's your responsibility | 0:34:00 | 0:34:02 | |
for not getting it out of the pigeonhole, isn't it? | 0:34:02 | 0:34:04 | |
The choice is yours. Have you got a card you can pay it on? | 0:34:04 | 0:34:07 | |
It's decision time for the double glazing company. | 0:34:07 | 0:34:10 | |
That leaves a balance of £361. | 0:34:13 | 0:34:16 | |
At first, the two Glowarm employees say they'll clear the debt in | 0:34:17 | 0:34:20 | |
instalments but then, they seem to have a change of heart. | 0:34:20 | 0:34:23 | |
We'll remove your goods now. | 0:34:26 | 0:34:28 | |
Yeah. | 0:34:28 | 0:34:29 | |
The problem, as far as the sheriffs are concerned, | 0:34:29 | 0:34:31 | |
is that the assets here aren't worth a great deal and certainly | 0:34:31 | 0:34:34 | |
won't clear the debt. | 0:34:34 | 0:34:36 | |
To make matters even more difficult, | 0:34:36 | 0:34:38 | |
the woman seems to have taken a dislike to Tracy. | 0:34:38 | 0:34:40 | |
We're not interested in issues about personality. | 0:34:43 | 0:34:45 | |
We're just here to do our job. | 0:34:45 | 0:34:47 | |
Tracy decides a change of subject is required. | 0:34:47 | 0:34:50 | |
Is Mr Ali not willing to pay it? | 0:34:50 | 0:34:52 | |
But I thought you'd just spoken to him on the phone? | 0:34:53 | 0:34:55 | |
Are we able to speak to Mr Ali? | 0:34:58 | 0:35:00 | |
The woman says they'll have to come back later if they want to speak | 0:35:00 | 0:35:04 | |
to the boss, but the sheriffs are going nowhere, and out of the blue, | 0:35:04 | 0:35:08 | |
the Glowarm employees offer to clear the debt in two instalments. | 0:35:08 | 0:35:11 | |
Yeah. | 0:35:13 | 0:35:15 | |
The sheriffs accept the offer | 0:35:16 | 0:35:18 | |
and start to draw up a controlled goods agreement. | 0:35:18 | 0:35:21 | |
The agreement means the sheriffs can seize Glowarm's assets | 0:35:21 | 0:35:24 | |
if the debt isn't cleared within 48 hours. | 0:35:24 | 0:35:27 | |
With the deal as good as done, our cameraman is asked to leave, | 0:35:27 | 0:35:31 | |
so we wait outside for Tracy and Adam to emerge, | 0:35:31 | 0:35:34 | |
clutching the cash and counting their good fortune. | 0:35:34 | 0:35:37 | |
There weren't a great deal of assets in there. We could have ended up | 0:35:37 | 0:35:40 | |
with a couple of boxes of telephones, couldn't we? | 0:35:40 | 0:35:42 | |
We know that the filing cabinets and the telephone system had little or no value, | 0:35:42 | 0:35:47 | |
so I took the decision there to take the cash and give them 48 hours to pay the balance. | 0:35:47 | 0:35:51 | |
It would be stupid for them not to pay it | 0:35:51 | 0:35:53 | |
because it will increase the debt if we have to return. | 0:35:53 | 0:35:55 | |
Glowarm did pay the balance on time and in full | 0:35:55 | 0:35:59 | |
and the claimant finally got the money they're owed. | 0:35:59 | 0:36:02 | |
As for Tracy, her eight years as a sheriff | 0:36:02 | 0:36:04 | |
have given her the experience and thick skin required | 0:36:04 | 0:36:08 | |
to take most things in her stride. | 0:36:08 | 0:36:10 | |
The female that we've dealt with referred to me as a snotty cow. | 0:36:10 | 0:36:14 | |
It's all part and parcel of the job, isn't it? | 0:36:14 | 0:36:16 | |
-You've been called worse, Trace. -I've been called a lot worse. | 0:36:16 | 0:36:19 | |
-Do you think I'm a snotty cow? -Yes. -Yes? | 0:36:19 | 0:36:22 | |
This morning, High Court enforcement agents Mike Perkins and Billy Evans | 0:36:31 | 0:36:36 | |
are up bright and early and on their way to Reading. | 0:36:36 | 0:36:38 | |
We're going to a bakery. | 0:36:38 | 0:36:41 | |
The defendant is a Mr Jitsu Mir. | 0:36:41 | 0:36:44 | |
Mr Mir runs the bakery but is also a private landlord | 0:36:44 | 0:36:47 | |
and owes the money to a former tenant. | 0:36:47 | 0:36:50 | |
The total amount owed is £6,663. | 0:36:50 | 0:36:53 | |
Mike is a big fan of bakeries. | 0:36:56 | 0:36:58 | |
I like a bit of pastry but obviously, I've got to watch my figure, | 0:36:58 | 0:37:01 | |
not like Billy. Little Belgian bun, yeah, I like! | 0:37:01 | 0:37:04 | |
Not a fan of Belgian buns. | 0:37:05 | 0:37:07 | |
But sweet tooth or no, the reason for today's visit | 0:37:07 | 0:37:11 | |
is unlikely to go down well with Mr Mir. | 0:37:11 | 0:37:13 | |
The sheriffs expect payment in full and if he can't raise the dough, | 0:37:13 | 0:37:17 | |
they may be removing a lot more than a couple of Belgian buns. | 0:37:17 | 0:37:20 | |
Could be a nice big kitchen at the back, | 0:37:20 | 0:37:22 | |
where he's got a lot of cooking equipment in there. | 0:37:22 | 0:37:25 | |
Ovens. Hopefully, they'll be owned by the debtor. | 0:37:25 | 0:37:27 | |
It doesn't take the sheriffs long to find the bakery. | 0:37:30 | 0:37:33 | |
Here it is. | 0:37:33 | 0:37:35 | |
But it doesn't look like there's much baking going on. | 0:37:38 | 0:37:41 | |
Er, 10 am. | 0:37:41 | 0:37:42 | |
What time are we on now? | 0:37:42 | 0:37:44 | |
About half an hour. | 0:37:44 | 0:37:46 | |
We can knock anyway. | 0:37:46 | 0:37:48 | |
Mike takes a look around the back of the premises while Billy looks | 0:37:52 | 0:37:55 | |
through the window for potential assets. | 0:37:55 | 0:37:58 | |
It doesn't look hopeful. | 0:37:58 | 0:37:59 | |
The assets within that I can see are quite low value, unfortunately. | 0:37:59 | 0:38:03 | |
Meanwhile, Mike's been doing a bit of detective work | 0:38:05 | 0:38:08 | |
and he's discovered an asset that will help give the sheriffs | 0:38:08 | 0:38:11 | |
the leverage they need. | 0:38:11 | 0:38:13 | |
-That vehicle, is it? -Yeah. | 0:38:13 | 0:38:15 | |
Apparently, the Volvo parked directly outside the bakery belongs to Mr Mir. | 0:38:15 | 0:38:19 | |
So Mike's going to do what Mike does best. | 0:38:19 | 0:38:22 | |
-Go on, then. I suppose I'll be clamping it, won't I? -Yeah. | 0:38:22 | 0:38:25 | |
We're going to immobilise the Volvo. | 0:38:25 | 0:38:28 | |
We're going to sit back in the van for a while. | 0:38:28 | 0:38:31 | |
Come 10 o'clock, | 0:38:31 | 0:38:34 | |
hoping he turns up in his Mercedes-Benz. | 0:38:34 | 0:38:37 | |
We've already got the Volvo clamped and we'll immobilise his Merc as well. | 0:38:37 | 0:38:42 | |
It may be an effective way of immobilising a vehicle | 0:38:43 | 0:38:47 | |
but crawling around in the gutter is hardly the high point of a Sheriff's day. | 0:38:47 | 0:38:51 | |
I love the clamp, I do. | 0:38:51 | 0:38:53 | |
He likes to get dirty. | 0:38:53 | 0:38:56 | |
With the Volvo immobilised, Mr Mir suddenly appears. | 0:38:56 | 0:39:00 | |
Not in his Mercedes, but from inside the shop. | 0:39:00 | 0:39:04 | |
It seems he's living in the flat upstairs | 0:39:04 | 0:39:06 | |
and has just come down to start the day. | 0:39:06 | 0:39:09 | |
Hello, there. My name's Mr Evans, sir. I'm an enforcement agent, enforcing a High Court writ. | 0:39:09 | 0:39:12 | |
-Are you Mr Jitsu Mir? -I am, I am, yes. -Right, OK. | 0:39:12 | 0:39:15 | |
Billy tells Mr Mir exactly how much he owes. | 0:39:15 | 0:39:18 | |
Currently, the bill is at £6,663.11. | 0:39:18 | 0:39:23 | |
How do you intend to pay it off? | 0:39:23 | 0:39:24 | |
But Mr Mir has no intention of paying it off today. | 0:39:24 | 0:39:27 | |
He says the dispute with his former tenant is still ongoing. | 0:39:27 | 0:39:31 | |
-I have defended it, yes? -Right. | 0:39:31 | 0:39:34 | |
My solicitor has deal with it | 0:39:34 | 0:39:36 | |
and he has sent in an application to the court. | 0:39:36 | 0:39:41 | |
If you'd like me to show you the letter and everything... | 0:39:41 | 0:39:43 | |
Yeah, yeah. The application, sir, doesn't stop us actually enforcing on the debt. | 0:39:43 | 0:39:47 | |
Today, we've got a High Court writ, and it's live. | 0:39:47 | 0:39:49 | |
The only way you're going to stop enforcement today is by paying in full. | 0:39:49 | 0:39:52 | |
Yeah, well, I'm not in a position to pay that money. | 0:39:52 | 0:39:55 | |
Mr Mir says he needs time to call his solicitor. | 0:39:55 | 0:39:58 | |
The sheriffs give him half an hour but tell him he will have to pay | 0:39:58 | 0:40:02 | |
in full or the amount he owes will go up. | 0:40:02 | 0:40:04 | |
-At the moment, the balance is sitting at... -£6,663.11. | 0:40:04 | 0:40:10 | |
If you don't get that together, sir, OK, | 0:40:10 | 0:40:11 | |
we're going to go to the next stage. | 0:40:11 | 0:40:13 | |
We'll incur an extra... | 0:40:13 | 0:40:15 | |
-Six, er, 594. -£594 on it. | 0:40:15 | 0:40:18 | |
If you can't make that payment, | 0:40:18 | 0:40:19 | |
we then go to removal stage and you will incur... | 0:40:19 | 0:40:23 | |
-£1,072... -on top of the bill as well. | 0:40:23 | 0:40:25 | |
I recommend that you take your half an hour to try and raise those funds, | 0:40:25 | 0:40:28 | |
because we are going to further enforce. | 0:40:28 | 0:40:30 | |
Mr Mir asks our camera to leave the shop, | 0:40:30 | 0:40:33 | |
so we move outside while he checks through his paperwork. | 0:40:33 | 0:40:36 | |
Mike and Billy start listing assets for removal. | 0:40:36 | 0:40:39 | |
There's quite a large kitchen at the back, | 0:40:39 | 0:40:41 | |
a lot of cooking equipment, possibly enough to clear the debt. | 0:40:41 | 0:40:45 | |
The one place where the sheriffs haven't so far been able to check | 0:40:45 | 0:40:48 | |
for assets is Mr Mir's flat above the shop. | 0:40:48 | 0:40:51 | |
It's a residential property, | 0:40:51 | 0:40:53 | |
so they can't force entry but they can gain peaceable entry | 0:40:53 | 0:40:57 | |
through an open or unlocked door. | 0:40:57 | 0:40:59 | |
Or, of course, the debtor could invite them in. | 0:40:59 | 0:41:01 | |
It looks like Mike's got upstairs into the debtor's flat now so, yeah. | 0:41:01 | 0:41:06 | |
I'm going to go and see what else we can list down. | 0:41:06 | 0:41:11 | |
A few minutes later, Mike emerges. | 0:41:11 | 0:41:14 | |
He's found exactly what he's been looking for. | 0:41:14 | 0:41:16 | |
The keys to Mr Mir's Volvo. | 0:41:16 | 0:41:18 | |
That's even better when the vehicle starts up as well. | 0:41:21 | 0:41:24 | |
That'll be staying in my pocket. | 0:41:24 | 0:41:27 | |
If the sheriffs do end up removing the Volvo and selling it at auction, | 0:41:27 | 0:41:30 | |
it'll be worth a lot more if it has a set of keys. | 0:41:30 | 0:41:34 | |
They're confident the car, along with the kitchen equipment inside, | 0:41:34 | 0:41:37 | |
will go a long way towards covering the debt, if it comes to that. | 0:41:37 | 0:41:41 | |
I've also got the shop keys as well. | 0:41:41 | 0:41:44 | |
Just in case. | 0:41:44 | 0:41:46 | |
Finally, there's news from Mr Mir. | 0:41:46 | 0:41:48 | |
He tells the Sheriff he's spoken to his solicitor and he's been advised | 0:41:48 | 0:41:52 | |
to pay the full amount. | 0:41:52 | 0:41:53 | |
As Mike unclamps the car, | 0:41:53 | 0:41:55 | |
Mr Meer invites us back inside to explain how the writ came about. | 0:41:55 | 0:42:00 | |
He says he didn't return his former tenant's deposit, | 0:42:00 | 0:42:03 | |
partly because he didn't have a forwarding address. | 0:42:03 | 0:42:05 | |
And partly because of the state of the property. | 0:42:05 | 0:42:08 | |
I went to see the property. | 0:42:08 | 0:42:10 | |
It wasn't in a good state. | 0:42:10 | 0:42:11 | |
I made that mention to him. I had to have the place refurbished again, | 0:42:11 | 0:42:17 | |
which I had a proper invoice for. | 0:42:17 | 0:42:21 | |
The money has been spent on that. | 0:42:21 | 0:42:24 | |
In fact, more than his deposit. | 0:42:24 | 0:42:26 | |
Mr Meer says he was wrongly accused of not putting the money in a | 0:42:26 | 0:42:29 | |
government-backed deposit scheme as the law requires. | 0:42:29 | 0:42:33 | |
The sheriffs will hold onto his money for 14 days, | 0:42:33 | 0:42:35 | |
giving him an opportunity to appeal, should he wish. | 0:42:35 | 0:42:39 | |
Meanwhile, Mike checks Mr Mir's online payment has gone through. | 0:42:39 | 0:42:43 | |
Yeah, that's the correct balance. | 0:42:43 | 0:42:46 | |
Brilliant, thank you very much. | 0:42:46 | 0:42:48 | |
Brilliant. Thank you. Bye. | 0:42:48 | 0:42:50 | |
This account cleared on stage one, without having to do a removal. | 0:42:50 | 0:42:54 | |
I'm going to go and let the defendant know | 0:42:54 | 0:42:57 | |
that the money's in the account and we'll be leaving. | 0:42:57 | 0:43:01 | |
It's a good result for the sheriffs. | 0:43:01 | 0:43:03 | |
Payment in full, all £6,663. | 0:43:03 | 0:43:06 |