Episode 2 The Sheriffs Are Coming


Episode 2

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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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We came with a high court order today.

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They work for the High Court.

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And if a judge says you're owed money,

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it's the sheriffs' job to go and get it.

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Where are the keys?

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I'm going to be calling a locksmith.

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They can demand payment on the spot...

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-What can you pay us now?

-You're going to get the cash, are you?

-Are you paying the bill?

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..or remove assets instead.

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-You've got 30 minutes to make the payment...

-or we start removing stuff from the building.

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You'll have a week to pay in full before it gets sold at auction.

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Obstructing their work can be a criminal offence.

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

-Don't lie to me.

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No messing?

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Every year, sheriffs in England and Wales recover unpaid debts

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totalling more than £80 million.

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Coming up...

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these women were sacked and didn't get the money they were due.

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Financially, that pressure now, suddenly, was just there.

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Sorry...

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When Rob and Gerald track down the women's boss, they give him an ultimatum.

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He's got another five minutes to make a payment,

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otherwise we're going to phone up the recovery and start removal.

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Tommy is on the trail of a debt that dates back five years.

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He's aware of the court order. It wouldn't just go away.

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And today's sort of crunch time.

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And Mike clamps down on a landlord who hasn't returned a tenant's deposit.

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We're going to immobilise the Volvo,

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hoping he turns up in his Mercedes-Benz,

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and we'll immobilise his Merc as well.

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On average, we spend more than £33,000

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over the course of a lifetime on cosmetics and skincare products.

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Taking care of how we look is now a multi-billion pound industry.

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Today, High Court enforcement agents Rob Foster and Gerald Anderson

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are on their way to skincare company, Sesderma UK Limited.

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Gerald's no beauty expert,

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but he is hopeful there'll be plenty of assets on site.

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We've had a little bit of information that the company has

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expensive serums, a skincare line, fillers, chemical peels, etc.

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Rob and Gerald are pursuing a debt on behalf of four ex-employees,

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who each took their case to an employment tribunal and won.

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They didn't get the money so their cases were transferred to the High Court for enforcement.

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I've got four writs against the same company.

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All of them are tribunals.

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All of them are to do with nonpayment of holiday pay,

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unpaid wages and unpaid expenses.

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Hopefully, we can get all four of them sorted.

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Christine Dunnington is one of the four claimants

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pinning her hopes on the sheriffs.

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Christine was delighted when she landed her dream job,

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heading up the UK sales team

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for leading Spanish skincare company Sesderma.

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It was skincare, which I'm quite passionate about and it was sales,

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which I'm very passionate about, as well.

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Christine was based at the Sesderma UK head office in Oxted, Surrey.

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Her brief, to help establish the company's products in the UK market.

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I knew it was a big brand out in Spain and very successful in the UK.

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It had only been launched for six months but I saw it as a challenge.

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I thought, you know, I can help launch this product in the UK.

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I can see it working, because, you know, the product is great.

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The science is great behind the product.

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Christine was joined by head of marketing Kamal Watson

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and her own sales team, including product specialist Charlotte Smith.

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I thought the company was an ambitious company

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and they had a lot of prospect for growth.

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I was absolutely ecstatic when I was offered the job with Sesderma.

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It was a fabulous opportunity

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and it was something I was really looking forward to.

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As far as Christine was concerned,

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she'd put together a strong team and everything was moving in the right direction.

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It was going really well.

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People were hitting sales targets. The sales were growing.

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We were up over 300% from where I'd started when I joined.

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Christine's position leading the sales team at Sesderma UK seemed secure.

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I thought it was my dream. I thought it was, you know, where my future was going to be.

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I was going to grow with the company

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and bring it to the success that it has in Spain.

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But, yeah, my dream was cut short.

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Eight months into her job, and with no apparent warning,

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Christine was dismissed.

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I was told to go immediately, leave my laptop, leave my phone.

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I could take my personal photos off of the laptop but that was it.

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Go. I didn't know what I'd done wrong.

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You know, I was dumbfounded as to what had happened.

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With rumours of budget cuts and restructures,

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Christine's dismissal wasn't the only shock.

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At around the same time, Charlotte and Kamal were also sacked.

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I received a week's notice and was just told, it's not working out.

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It really did impact my confidence.

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You take it very personally and I did get stressed.

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A week's notice is not very long to find something else.

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So it was a really stressful time.

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For Kamal in particular, the news was a shattering blow.

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Her husband had a serious health problem and was unable to work.

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I was really devastated at the time.

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My husband had just suffered a heart attack,

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so the timing was just not great.

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Knowing that you've had a place you've been going to every day,

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you've invested everything, committed everything and then suddenly,

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for it to just go and you lose your sense of routine and...

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Sorry...

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Yeah, it was just really, really hard.

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Hard to deal with.

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Christine, Charlotte and Kamal,

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along with a fourth employee who'd also been sacked,

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were unhappy about the way they'd been treated.

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They decided to take their case to ACAS, the conciliation service.

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All four claimed they were owed money

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and two of them accused the company of breach of contract.

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We'd all lost our jobs very close together and we were owed money

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as in salary and expenses, holidays and we thought if we all joined together,

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then we're going to have more chance of receiving what's owed to us.

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A lot of money was owed to the four of us and, you know,

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everyone's circumstances are different and I know some of them were really

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struggling with not having pay, having to sell cars,

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having to move out of where they were living, you know.

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It's devastating for people to find themselves in this position.

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For Kamal, losing her family's only source of income hit hard.

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Knowing where the next penny was coming in was crucial.

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Financially, that pressure now suddenly was just there

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and it was just a lot to... a lot to deal with, you know.

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I was expected to be the breadwinner and support my husband emotionally

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and financially, and with the redundancy, I wasn't able to do that,

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so I felt very helpless.

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A settlement couldn't be agreed at ACAS,

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so the women went to an employment tribunal.

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When Sesderma UK didn't contest the case,

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an award was made in favour of the four ex-employees

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but they still didn't get their money, so their case was transferred

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to the High Court for enforcement.

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I've heard about the sheriffs from my uncle.

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That's the best chance that we have,

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I would say, to try to get some of the money that is owed to us.

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We've called in the sheriffs as a last resort.

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We've got to the point where we have tried everything now

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and we're really hoping that the sheriffs can resolve and just put this...

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this case to a close and just get us the money that we're owed.

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The amount owed, including fees, is £15,927.

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Rob and Gerald are on their way to Sesderma UK's head office

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in Oxted, Surrey,

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but there's an immediate potential problem.

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The only way into the office is through a shared access doorway

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and that means, if the door's locked and no-one lets them in,

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they won't be able force entry.

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If nobody opens it, legally, we could have a problem.

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Even though it's commercial,

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we could have a problem forcing entry and it's a shared access.

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Luckily, the door is unlocked and they can walk straight in.

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Oh! Diamond!

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There is a second internal door but that's also unlocked.

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-Two times lucky.

-Two times lucky.

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Finally, the sheriffs reach the Sesderma UK offices.

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Oh, we have three.

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Hello.

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You all right? We're looking for the owner or director

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of Sesderma UK Ltd.

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-Is that yourself?

-No.

-No? Is the director... ?

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The directors of the parent company, Sesderma,

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are based in Spain.

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So Rob and Gerald want to speak to Alberto Sarmiento,

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the project manager and company secretary for Sesderma UK.

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But Mr Sarmiento is out on business.

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Yeah, if you can give him a call. If you let him know that

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-agents from the Sheriff's office are here.

-Yeah.

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And we need to speak to him regarding Mrs C Smith and others.

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The employee goes to call her boss while Rob and Gerald size up the stock.

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-Very well stocked.

-Very well-stocked, yes.

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But to what... to what value?

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I wouldn't know if that there

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is worth 50p or five quid.

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What sort of price is all this stuff, do you know?

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What would I have to pay for something like that?

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It would be £30, £40.

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30, 40 quid for that?

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Whoo!

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The cost of skincare products may be an eye-opener for Gerald

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but it's good news for the sheriffs, because the value of the stock

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may be sufficient to cover the debt.

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Gerald finds an order boxed up and ready to go out.

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This box here is to be delivered.

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13 times, two, four, six, eight, 12, 13.

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The 13 is £400.

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There's everything from foot creams to face cleansers and it all adds up.

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There's thousands of pounds' worth of stuff here.

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And there's one product in particular that catches

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the ever youthful Gerald's eye.

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I'd probably pick this one, which is an anti-ageing facial.

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I'd use this one, because it's my birthday at the end of this month

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and I'm 21 again.

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And this will confirm it!

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The employee's finally managed to get Mr Sarmiento on the phone.

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It's Mr Foster from the Sheriff's office.

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We have four High Court writs.

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Mr Sarmiento says he won't make a payment in full because the amount

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in each of the four writs is wrong.

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He tells Rob he's already paid some of the money direct to the four claimants.

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But despite this, the sheriffs are obliged to execute the writs.

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Regardless of what you claim to have paid at the moment,

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we haven't received any proof of that,

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so all we can go on is the outstanding balances that we've got on the four writs.

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Rob explains that the sheriffs hold the money for 14 days

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so if it turns out Mr Sarmiento has paid too much, he can claim it back.

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I can send you links to pay each one,

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or I can send you our bank details for you to make payments on each one.

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But Mr Sarmiento is still refusing to pay.

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Well, you're going to lose your stock, then.

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It's as simple as that. I'm not beating around the bush with it.

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You either pay it or we remove.

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Mr Sarmiento says he's on his way back to the office

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but he's over an hour away.

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He's... I don't think he's not going to pay it but there is plentiful

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supply of assets here so we'll call a recovery contract and we'll have them away.

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But within a few minutes, Mr Sarmiento is back on the phone

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and he's changed his tune.

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Hello, sir. My name's Mr Anderson for the Sheriff's office.

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He now says he will pay

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but he doesn't have sufficient company funds in the UK.

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So he'll have to contact Sesderma's head office in Spain.

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I can send the details to this person in Spain and he can pay it

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directly into our account from Spain.

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The sheriffs are going to start listing assets

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but decide to hold off actually removing stock

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to give Mr Sarmiento the chance to pay in full.

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We're starting the inventory now.

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Now I'm happy enough not to start walking out with all your stuff

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until you get here.

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All I need to know, sir, is when you get back there,

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are your intentions to get this paid

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or am I sitting here wasting my time?

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Mr Sarmiento says he will pay but still maintains the amount

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on the writs is wrong.

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About an hour, is it? OK. Cheers.

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Gerald briefs Rob on the debtor's claims that a part payment

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has already been made.

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He says he has proof by e-mails that he's paid 50% to each one

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-of them.

-Yeah.

-He's got proof of the payments being made.

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If they have had payments, and they confirm it,

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-then we can adjust the figures likewise.

-Yeah.

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There's only one way to clear this up

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and that's to talk directly to the claimants.

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Gerald gives Christine, one of the four claimants, a call.

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Is that Christine Dunnington? Yeah, how are you doing?

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My name's Mr Anderson from the Sheriff's office.

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How do? All right? I've just been on the blower

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talking to the chappy.

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He reckons that he's paid 50% of this debt already.

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Now, I can't see whether he's paid anything or not.

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Christine explains that they had received some money from Sesderma UK.

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But that was several months before the employment tribunal.

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So the amount they were awarded and the amount on each of the writs is correct.

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-Them figures are correct, then?

-Yep. The figures are absolutely correct.

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Mr Sarmiento will need to pay the full amount,

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a combined total of nearly £16,000,

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to prevent his stock being removed by the sheriffs.

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Later, Mr Sarmiento arrives in the office

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to put the sheriffs in the picture.

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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 paid 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 online or by post 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 will be issued against the debtor.

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

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If you're owed money and have a County Court judgment in your favour,

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you have six years in which to enforce the debt.

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Wait any longer than that, and you can still enforce

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but you'll need special permission from the court first.

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It's early morning and High Court enforcement agents

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-Tommy Coyle and Mike Perkins are passing Wembley Stadium...

-Wembley!

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..pursuing a debt that dates back five years.

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This morning, we're looking for Xenon Builders Ltd.

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The debt's for around £59,000.

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The claimant is a subcontractor who is owed the money for work

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carried out and materials supplied.

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The original court judgment dates back to 2012,

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but the claimant didn't get his money,

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and only now has the case been transferred to the High Court

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for enforcement.

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The total amount owed today, £59,204.

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We're going to be looking for assets such as building vans,

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any high-value building equipment.

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Tommy and Mike find the address on the writ easily enough

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but there's no sign of any builders' vans.

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It's quite a small commercial property.

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What we can see at the moment, there's no external assets.

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Not the best, not the best. But you never know.

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We might go in there and they could have thousands of pounds' worth

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of stuff in there.

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But what's even more worrying is the signage.

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There are signs for several different limited companies,

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including Zen Builders Ltd.

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But the writ is against Zenon,

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so the sheriffs won't be able to remove assets if they're owned by Zen.

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Zenon Builders Ltd. It's this house?

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Is the boss about? Director?

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Good news. It sounds like Zenon Builders is trading from here.

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-Yes, I am manager.

-You're the manager.

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My English is a little bit...

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We'll go and talk in private somewhere and I'll explain everything.

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High Court enforcement agent.

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We're here with a High Court writ today, for Zenon Builders Ltd.

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We're here to collect an amount, £59,204.56.

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I don't know how you'd like to get that paid.

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News of the writ comes as a shock to the manager.

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He says it's a matter for his boss.

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-Can you ring your boss up?

-OK.

-So we can speak to him.

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Get him on the phone. I'll explain it all to him.

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The manager goes off to make a phone call,

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giving Tommy time to assess the situation.

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In a minute, I'm thinking, there's going to be

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a few limited entities here,

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due to different signs of limited companies that are up on the front.

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That's clearly one challenge here.

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Asset-wise, there is a lot of machines here.

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Some of them are of decent value.

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It'd be down to find out who they belong to.

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If they're the property of Zenon Builders Ltd and not Zen Builders Ltd,

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Tommy and Mike will be able to remove them.

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But that will bring its own challenge.

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It's quite hard to uplift,

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so we'll probably need specialist contractors in to do this

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but there is value in all of this kind of machinery.

0:17:460:17:49

Because, like I'm saying, it's vital to a business like this. They wouldn't want it going.

0:17:490:17:53

Minutes later, the manager reappears.

0:17:530:17:56

-My boss.

-Is it?

-He has the boss on the phone.

0:17:560:17:58

My name's Tom Coyle.

0:17:580:17:59

I'm from the Sheriff's office, High Court enforcement agent.

0:17:590:18:03

We have a High Court order here today to execute.

0:18:030:18:06

The boss claims he has no knowledge of the court order

0:18:060:18:09

or the £59,000 debt.

0:18:090:18:11

They have sent a notice of enforcement out here.

0:18:110:18:14

I'm here just to execute the court order.

0:18:140:18:16

The man asked Tommy when that notice of enforcement was sent out.

0:18:160:18:20

I can get you a date when it was sent in.

0:18:200:18:22

It would have given you seven days but it's not just that, sir.

0:18:220:18:26

You must know this is a large sum of money.

0:18:260:18:29

He continues to plead ignorance.

0:18:290:18:31

You have no idea about it, basically, someone taking you to court?

0:18:310:18:34

Initially, it was £38,000.

0:18:340:18:36

If I was running a company,

0:18:360:18:38

I'd know if someone was getting a court order against me for £38,000.

0:18:380:18:43

Since then, court costs, enforcement fees

0:18:430:18:45

and interest has been added to the debt.

0:18:450:18:47

Eventually, the man does remember.

0:18:480:18:50

And Tommy's keen to get on with the business of enforcement.

0:18:500:18:54

We're just here to execute it today.

0:18:540:18:56

We're not here to discuss it.

0:18:560:18:58

We need £59,000, or we need to take goods of the company.

0:18:580:19:03

The boss tells Tommy he'll be there in 20 minutes.

0:19:030:19:06

I'll see you then. Bye-bye, sir. Bye-bye.

0:19:060:19:08

At the moment, he says he's in shock. He remembers the case.

0:19:110:19:15

It's from 2012.

0:19:150:19:16

He thought it was all sorted out via his lawyer.

0:19:160:19:19

He said he wants to resolve the matter.

0:19:190:19:22

Whether he means we get that resolved by payment

0:19:220:19:25

or I'll have to resolve it for him

0:19:250:19:27

by taking goods away today, we don't know.

0:19:270:19:29

With Mike starting to make an inventory of assets,

0:19:290:19:32

the company book-keeper turns up.

0:19:320:19:34

She's been briefed by her boss.

0:19:340:19:36

We haven't received any paperwork whatsoever.

0:19:360:19:39

You should have received some paperwork.

0:19:390:19:42

Then again, it's irrelevant if he's saying he's had the information or not.

0:19:420:19:45

He was aware of the court order from 2012 so he knew all about it.

0:19:450:19:48

It wouldn't just go away.

0:19:480:19:50

And it's today, it's sort of crunch time.

0:19:500:19:53

At the moment, we need £59,234.

0:19:530:19:56

The quicker we get it sorted...

0:19:580:19:59

-You want to go up, sir, to the office?

-That would be better.

0:19:590:20:02

-Yes.

-Yeah?

-Yeah.

0:20:020:20:03

The bookkeeper ushers the sheriffs into the boardroom

0:20:030:20:05

and while they're waiting for the boss to arrive,

0:20:050:20:08

Tommy checks out the frame certificates on the window ledge.

0:20:080:20:11

It's all in the name.

0:20:110:20:13

Zen Builders Ltd.

0:20:130:20:16

We have Zenon Builders Ltd.

0:20:160:20:19

Seems a very small difference but it can be vital.

0:20:190:20:23

The sheriffs are entitled to carry out a diligent search of the debtor's premises,

0:20:230:20:28

so Mike starts sifting through paperwork,

0:20:280:20:30

looking for anything that will prove Zenon Builders Ltd

0:20:300:20:33

is an active company and is trading from these premises.

0:20:330:20:37

We've got health and safety at work, legislation for Zenon Builders Ltd.

0:20:370:20:41

If he can find an invoice or receipt in Zenon's name,

0:20:410:20:44

it could make the difference between securing payment in full

0:20:440:20:47

and walking away empty-handed.

0:20:470:20:49

This is a rates refund application for Zenon Builders Ltd.

0:20:490:20:54

It helps. Yeah, there's more stuff here.

0:20:540:20:56

I've got HM Revenue and Customs.

0:20:560:20:58

It adds to the bigger, bigger picture.

0:20:580:21:01

Can't beat a diligent search.

0:21:010:21:04

There's plenty of paperwork relating to Zenon, the debtor company.

0:21:040:21:07

-Loads.

-If the boss says Zenon Builders is no longer active,

0:21:070:21:10

this paperwork could prove invaluable.

0:21:100:21:14

-Just take a picture of all of that.

-Yeah.

0:21:140:21:16

Mike photographs the evidence and a few minutes later,

0:21:160:21:19

the boss arrives.

0:21:190:21:21

Zenon Builders Ltd.

0:21:210:21:24

Just show some of the application.

0:21:240:21:26

The boss, Mr Zenon Kaczmarczyk,

0:21:260:21:28

is denying Zenon Builders Ltd is trading here.

0:21:280:21:32

So what are you saying exactly?

0:21:320:21:36

You're saying Zenon Builders is not trading?

0:21:360:21:38

I beg to differ,

0:21:380:21:40

because you've got business rates there that you've been paying for Zenon Builders.

0:21:400:21:44

If the sheriffs end up removing assets today,

0:21:440:21:47

the onus will be on the debtor to prove which assets belong to Zenon,

0:21:470:21:51

and which to Zen.

0:21:510:21:52

You need to prove to us everything with who it belongs to here,

0:21:520:21:56

so it'll be tables, chairs, the machinery, and what name's all that in.

0:21:560:22:00

Zen Builders?

0:22:010:22:04

At this point, our camera is asked to leave.

0:22:040:22:06

Inside, the boss is still saying Zenon Builders Ltd is no longer active,

0:22:090:22:13

but Mike is continuing his diligent search of the offices and he finally

0:22:130:22:17

discovers some vital evidence.

0:22:170:22:20

I went to the side offices and I found invoices for last month.

0:22:200:22:25

He told us that the company had stopped trading here seven years ago.

0:22:250:22:29

He is now saying that all the assets belong to Zen Builders,

0:22:290:22:33

not Zenon Builders.

0:22:330:22:34

I'm hoping he makes the payment.

0:22:340:22:36

If he doesn't, it's going to be a long day.

0:22:360:22:39

Finally, after nearly an hour, the sheriffs emerge.

0:22:390:22:43

But has Mike and Tommy's persistence paid off?

0:22:430:22:46

And have they managed to come away with the claimant's money?

0:22:460:22:50

We enforced it thoroughly

0:22:500:22:52

and that produced a full payment of £59,204.56.

0:22:520:22:56

Payment in full,

0:22:580:23:00

thanks to Mike's diligent search and the vital evidence he uncovered.

0:23:000:23:03

When I found up-to-date invoices for the last two months, at that point,

0:23:030:23:06

he started to change his whole attitude towards the, obviously, the debt.

0:23:060:23:12

It's a good result for the sheriffs and for the claimant who's been

0:23:120:23:15

waiting five years for his money.

0:23:150:23:16

Zenon Kaczmarczyk told us that Zenon Builders Ltd is not a trading company

0:23:190:23:24

and that he has started legal proceedings

0:23:240:23:26

to recover the money paid to the sheriffs,

0:23:260:23:28

which he says was paid under duress.

0:23:280:23:30

Back in Oxted in Surrey,

0:23:440:23:45

Rob and Gerald are enforcing four separate writs

0:23:450:23:48

with a combined total of nearly £16,000.

0:23:480:23:52

I'm not beating around the bush with it. You either pay it or we remove.

0:23:520:23:55

It's as simple as.

0:23:550:23:56

But Sesderma UK Project manager Mr Sarmiento has been disputing

0:23:560:24:01

the size of the debt, saying he's already made a part payment.

0:24:010:24:05

-Them figures are correct, then?

-Yeah, the figures are absolutely correct.

0:24:050:24:08

But he's wrong. Rob's back on the phone to Mr Sarmiento,

0:24:080:24:11

breaking the news to him that the writs are right and he does owe the full amount.

0:24:110:24:15

We've spoken to the claimants in the matter.

0:24:150:24:17

The balances that we've got on the paperwork now

0:24:170:24:20

include the remainder of unpaid wages, car allowances,

0:24:200:24:23

expenses and whatnot, so the balances that we have are correct.

0:24:230:24:26

If he's to prevent stock being removed, he'll have to come up with the cash.

0:24:260:24:30

We've had instructions from the client. It's either paid in full

0:24:300:24:33

on all four cases or we remove assets.

0:24:330:24:36

Every single item that we can find will be taken.

0:24:360:24:38

While they wait for Mr Sarmiento,

0:24:400:24:42

the sheriffs list assets and prepare stock for removal.

0:24:420:24:46

40 minutes later, Mr Sarmiento finally arrives.

0:24:460:24:50

All right, sir? All right. Mr Anderson.

0:24:500:24:53

-I'm Mr Foster. I spoke to you earlier.

-Yeah.

0:24:530:24:56

He's not too keen on our camera and invites us to leave.

0:24:560:24:59

But ten minutes later, he invites us back inside.

0:25:010:25:04

He wants to show his bosses in Spain that there really are

0:25:040:25:07

High Court enforcement agents and a BBC film crew in his office.

0:25:070:25:12

So he's sending them a photo.

0:25:120:25:14

He wants to show them that, look, this is happening.

0:25:140:25:17

He hopes the photographic evidence will help persuade them to send him

0:25:170:25:20

sufficient funds to clear the debt today.

0:25:200:25:24

He's been on the phone to the directors in Spain.

0:25:240:25:28

He's just trying to get them to make payment in full at the moment.

0:25:280:25:30

As you can hear, he's on the phone at the moment.

0:25:300:25:33

But it sounds as if head office isn't prepared to bail him out.

0:25:330:25:37

Mr Sarmiento says he can only afford to pay half the debt

0:25:370:25:41

but after several months of being patient,

0:25:410:25:43

Christine, Charlotte and Kamal

0:25:430:25:45

aren't prepared to wait any longer for the money they're owed.

0:25:450:25:49

He's prepared to make a payment of £8,000 now and then he wants

0:25:490:25:52

to go on to an arrangement for the remainder.

0:25:520:25:55

However, we've got four claimants that are all refusing to accept any instalments.

0:25:550:26:00

They feel they've been messed around.

0:26:000:26:02

It's going to have to be paid in full today, or removal.

0:26:020:26:06

Mr Sarmiento is back on the phone to Spain but the boss isn't available.

0:26:060:26:10

Mm-hm.

0:26:120:26:14

The sheriffs have been at Sesderma UK for nearly three hours

0:26:250:26:28

and time is running out for Mr Sarmiento.

0:26:280:26:32

I can't believe just people are washing their hands.

0:26:320:26:35

He's got another five minutes to make payment,

0:26:350:26:37

otherwise we're going to phone up the recovery and start removal.

0:26:370:26:41

And once that happens, extra costs are inevitable.

0:26:410:26:45

Once we phone them, they'll charge as either way, whether they're here,

0:26:450:26:48

on their way, or just left their depot,

0:26:480:26:50

they will charge us, so you will pick that charge up as well.

0:26:500:26:54

With removal just minutes away,

0:26:540:26:56

Mr Sarmiento finally decides to pay in full,

0:26:560:26:59

making up the shortfall from his own personal account.

0:26:590:27:02

-Card?

-Well, let's start doing the payments.

0:27:020:27:05

All right. Debit card?

0:27:050:27:06

-No, we have to go online.

-Transfers online?

-Yes.

0:27:070:27:10

No probs. I'll give you all the details now.

0:27:100:27:13

That'll do nicely for Gerald but each writ will have to be processed

0:27:130:27:17

and the amount on it paid individually.

0:27:170:27:19

So it's four separate transactions we'll have to do.

0:27:190:27:23

It's a long process but Rob and Gerald are happy with the outcome.

0:27:230:27:27

It literally got to zero hour.

0:27:270:27:29

But I think he's hoping to clear these debts

0:27:290:27:31

and make a success of this company and keep going.

0:27:310:27:34

I might be the only one who believes that eventually, this will pay off.

0:27:340:27:39

With Gerald processing the payments, Rob reflects on a job well done.

0:27:390:27:43

He thinks the key to today's enforcement was the threat of removal.

0:27:430:27:47

A lot of the time, you can find these individuals will stall

0:27:470:27:49

and stall and stall and stall and continue stalling

0:27:490:27:53

until you apply pressure.

0:27:530:27:54

In this line of work, that application of pressure is the removal of goods.

0:27:540:27:58

Until we start that process,

0:27:580:28:00

a lot of the time, they don't take it seriously.

0:28:000:28:02

Sometimes, they have to actually see that you are deadly serious

0:28:020:28:05

before they will start to cough up.

0:28:050:28:08

Account number, four, one...

0:28:080:28:11

With each payment now complete,

0:28:110:28:13

Rob checks the money has arrived safely in the Sheriff's account.

0:28:130:28:16

The next one is six, five, nine, one and 66p.

0:28:160:28:21

That's in there. OK.

0:28:210:28:22

It's been a long enforcement but the outcome for the four claimants

0:28:220:28:26

couldn't have been better.

0:28:260:28:28

Payment in full of the four debts totalling just short of £16,000,

0:28:280:28:35

so a very good result.

0:28:350:28:37

Christine, Kamal and Charlotte are delighted to finally get the money

0:28:410:28:44

they're owed and they have a special toast for the sheriffs.

0:28:440:28:48

Well, cheers, everybody.

0:28:480:28:50

We won. Yay!

0:28:500:28:53

So we just would like to say to Rob and Gerald, thank you so much.

0:28:530:28:57

-Thank you very much.

-From all of us. Thank you very much.

-Thank you.

-Thank you so much.

0:28:570:29:00

We really, really appreciate it.

0:29:000:29:02

-Couldn't have done it without you.

-Yeah.

-Absolutely.

0:29:020:29:05

It was just an amazing feeling to know that we've been paid,

0:29:050:29:08

justice has been done, and that we can now sort of move on

0:29:080:29:11

and put a closure to that story.

0:29:110:29:13

When Rob rang me and they had left the building,

0:29:130:29:16

to say we've got the money, I was just ecstatic.

0:29:160:29:21

I actually did scream down the phone.

0:29:210:29:23

I never thought we were going to get there but, yeah, great news.

0:29:230:29:27

For Kamal the money is a welcome relief.

0:29:270:29:30

But there's some even more important news to celebrate.

0:29:300:29:33

My husband is doing a lot better now,

0:29:330:29:35

both emotionally and mentally. He's back out working,

0:29:350:29:39

so he's really positive and we're very optimistic about what the future will hold.

0:29:390:29:42

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

0:29:490:29:53

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

0:29:530:29:57

which will issue a writ for enforcement by the sheriffs.

0:29:570:30:00

Hello. I'm an enforcing agent.

0:30:000:30:03

I'm enforcing a High Court writ.

0:30:030:30:04

I'm here just to execute the court order.

0:30:040:30:06

They've got more powers than County Court bailiffs.

0:30:060:30:09

We're going to force entry into the shop in about the next 10-15 minutes.

0:30:090:30:12

I have the right under the writ to investigate.

0:30:120:30:16

If you obstruct myself or my colleague, it is a criminal offence.

0:30:160:30:19

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

0:30:190:30:24

£14 million. It's the largest job I've ever done.

0:30:240:30:27

He can pay it directly into our account from Spain.

0:30:270:30:30

If they're successful, they will recover your money and costs from the debtor...

0:30:300:30:34

-Thanks.

-Thank you.

-..as well as their own fees that are set

0:30:340:30:37

by the government.

0:30:370:30:39

It was that amount there, until half past five.

0:30:390:30:41

I don't stand here for three hours for nothing.

0:30:410:30:45

If the sheriffs can't get your money,

0:30:450:30:47

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

0:30:470:30:50

It's just before 10am and High Court enforcement agents Tracy Lee

0:30:550:30:59

and Adam Crossley are in the north-west.

0:30:590:31:02

We're in Oldham, this morning, Adam and I.

0:31:020:31:05

It's Adam's patch, this, not mine.

0:31:050:31:07

They're on their way to double glazing company Glowarm.

0:31:070:31:10

The claimant has paid a deposit for glazing on two residential premises

0:31:100:31:14

and obviously, the work's not been done.

0:31:140:31:16

They took the matter to court and when Glowarm didn't respond,

0:31:160:31:20

a judgment was made in the claimant's favour.

0:31:200:31:22

But the money still wasn't forthcoming so it was transferred

0:31:220:31:26

to the High Court and now the sheriffs are on the case.

0:31:260:31:29

They sent Glowarm a notice of enforcement,

0:31:310:31:33

giving them a minimum of seven days to clear the debt

0:31:330:31:36

before the sheriffs turn up on their doorstep.

0:31:360:31:39

There's been no contact after the notice of enforcement,

0:31:390:31:42

so we're hoping obviously, that there's assets at this address.

0:31:420:31:44

We're unsure whether they're actually trading and manufacturing

0:31:440:31:47

from this address or it's merely a sales office.

0:31:470:31:51

The amount owed today is £1,861.

0:31:510:31:54

Glowarm's offices are in a converted cotton mill.

0:31:570:32:01

Multiple offices, isn't it? So it's going to be sales.

0:32:010:32:05

They're going to be just doing telephone sales, I'm guessing from here.

0:32:050:32:10

It's unlikely there'll be much here in the way of assets,

0:32:100:32:13

which will make today's enforcement all the more challenging.

0:32:130:32:17

All right, there? Looking for Glowarm.

0:32:170:32:21

It's Mr Cross, sir. I'm in enforcement agent.

0:32:210:32:23

The man on reception says he'll give them a call.

0:32:230:32:27

Hi! Are they in this building?

0:32:270:32:29

They're in this building.

0:32:290:32:30

Right.

0:32:300:32:33

Ten minutes later, there is no sign of anyone from Glowarm.

0:32:330:32:37

Yeah, I don't like to be kept waiting. Do you?

0:32:370:32:40

Patience is a virtue, Tracy.

0:32:400:32:42

I'm working on it!

0:32:430:32:45

Just then, a woman walks through the door.

0:32:450:32:47

She is from Glowarm.

0:32:470:32:49

There's a writ to enforce.

0:32:490:32:51

A writ of control that was issued in court.

0:32:510:32:54

The woman knows about the debt but claims the case is still ongoing.

0:32:540:32:58

Unfortunately, we're here to recover the money in full.

0:32:580:33:00

-Yeah, yeah.

-Or remove assets.

0:33:000:33:02

The woman claims Glowarm didn't receive the Sheriff's notice of enforcement.

0:33:020:33:06

She goes to reception to check if there's any mail from them.

0:33:060:33:09

And there it is. The notice of enforcement.

0:33:110:33:14

It was sent a full two weeks ago.

0:33:170:33:18

They've not obviously checked their mail. They've not collected mail for a few days,

0:33:180:33:22

otherwise they would have picked up the notice and known about this.

0:33:220:33:25

They've now incurred enforcement costs, which they could have avoided if they'd have actioned it sooner.

0:33:250:33:29

The woman disappears, to give Glowarm's director Mr Ali a call.

0:33:290:33:33

She comes back a few minutes later, and takes Adam and Tracy to the Glowarm office.

0:33:330:33:39

There is a male colleague in the office

0:33:390:33:41

but apparently, he's not Mr Ali.

0:33:410:33:43

Director or no director, Adam gets straight down to business.

0:33:430:33:47

So what are we doing about getting it paid?

0:33:470:33:49

Are we paying it now?

0:33:490:33:51

That letter's dated. You can quite clearly see it's dated

0:33:530:33:56

the 24th of August.

0:33:560:33:58

-Right, well...

-Yeah, but that's your responsibility

0:34:000:34:02

for not getting it out of the pigeonhole, isn't it?

0:34:020:34:04

The choice is yours. Have you got a card you can pay it on?

0:34:040:34:07

It's decision time for the double glazing company.

0:34:070:34:10

That leaves a balance of £361.

0:34:130:34:16

At first, the two Glowarm employees say they'll clear the debt in

0:34:170:34:20

instalments but then, they seem to have a change of heart.

0:34:200:34:23

We'll remove your goods now.

0:34:260:34:28

Yeah.

0:34:280:34:29

The problem, as far as the sheriffs are concerned,

0:34:290:34:31

is that the assets here aren't worth a great deal and certainly

0:34:310:34:34

won't clear the debt.

0:34:340:34:36

To make matters even more difficult,

0:34:360:34:38

the woman seems to have taken a dislike to Tracy.

0:34:380:34:40

We're not interested in issues about personality.

0:34:430:34:45

We're just here to do our job.

0:34:450:34:47

Tracy decides a change of subject is required.

0:34:470:34:50

Is Mr Ali not willing to pay it?

0:34:500:34:52

But I thought you'd just spoken to him on the phone?

0:34:530:34:55

Are we able to speak to Mr Ali?

0:34:580:35:00

The woman says they'll have to come back later if they want to speak

0:35:000:35:04

to the boss, but the sheriffs are going nowhere, and out of the blue,

0:35:040:35:08

the Glowarm employees offer to clear the debt in two instalments.

0:35:080:35:11

Yeah.

0:35:130:35:15

The sheriffs accept the offer

0:35:160:35:18

and start to draw up a controlled goods agreement.

0:35:180:35:21

The agreement means the sheriffs can seize Glowarm's assets

0:35:210:35:24

if the debt isn't cleared within 48 hours.

0:35:240:35:27

With the deal as good as done, our cameraman is asked to leave,

0:35:270:35:31

so we wait outside for Tracy and Adam to emerge,

0:35:310:35:34

clutching the cash and counting their good fortune.

0:35:340:35:37

There weren't a great deal of assets in there. We could have ended up

0:35:370:35:40

with a couple of boxes of telephones, couldn't we?

0:35:400:35:42

We know that the filing cabinets and the telephone system had little or no value,

0:35:420:35:47

so I took the decision there to take the cash and give them 48 hours to pay the balance.

0:35:470:35:51

It would be stupid for them not to pay it

0:35:510:35:53

because it will increase the debt if we have to return.

0:35:530:35:55

Glowarm did pay the balance on time and in full

0:35:550:35:59

and the claimant finally got the money they're owed.

0:35:590:36:02

As for Tracy, her eight years as a sheriff

0:36:020:36:04

have given her the experience and thick skin required

0:36:040:36:08

to take most things in her stride.

0:36:080:36:10

The female that we've dealt with referred to me as a snotty cow.

0:36:100:36:14

It's all part and parcel of the job, isn't it?

0:36:140:36:16

-You've been called worse, Trace.

-I've been called a lot worse.

0:36:160:36:19

-Do you think I'm a snotty cow?

-Yes.

-Yes?

0:36:190:36:22

This morning, High Court enforcement agents Mike Perkins and Billy Evans

0:36:310:36:36

are up bright and early and on their way to Reading.

0:36:360:36:38

We're going to a bakery.

0:36:380:36:41

The defendant is a Mr Jitsu Mir.

0:36:410:36:44

Mr Mir runs the bakery but is also a private landlord

0:36:440:36:47

and owes the money to a former tenant.

0:36:470:36:50

The total amount owed is £6,663.

0:36:500:36:53

Mike is a big fan of bakeries.

0:36:560:36:58

I like a bit of pastry but obviously, I've got to watch my figure,

0:36:580:37:01

not like Billy. Little Belgian bun, yeah, I like!

0:37:010:37:04

Not a fan of Belgian buns.

0:37:050:37:07

But sweet tooth or no, the reason for today's visit

0:37:070:37:11

is unlikely to go down well with Mr Mir.

0:37:110:37:13

The sheriffs expect payment in full and if he can't raise the dough,

0:37:130:37:17

they may be removing a lot more than a couple of Belgian buns.

0:37:170:37:20

Could be a nice big kitchen at the back,

0:37:200:37:22

where he's got a lot of cooking equipment in there.

0:37:220:37:25

Ovens. Hopefully, they'll be owned by the debtor.

0:37:250:37:27

It doesn't take the sheriffs long to find the bakery.

0:37:300:37:33

Here it is.

0:37:330:37:35

But it doesn't look like there's much baking going on.

0:37:380:37:41

Er, 10 am.

0:37:410:37:42

What time are we on now?

0:37:420:37:44

About half an hour.

0:37:440:37:46

We can knock anyway.

0:37:460:37:48

Mike takes a look around the back of the premises while Billy looks

0:37:520:37:55

through the window for potential assets.

0:37:550:37:58

It doesn't look hopeful.

0:37:580:37:59

The assets within that I can see are quite low value, unfortunately.

0:37:590:38:03

Meanwhile, Mike's been doing a bit of detective work

0:38:050:38:08

and he's discovered an asset that will help give the sheriffs

0:38:080:38:11

the leverage they need.

0:38:110:38:13

-That vehicle, is it?

-Yeah.

0:38:130:38:15

Apparently, the Volvo parked directly outside the bakery belongs to Mr Mir.

0:38:150:38:19

So Mike's going to do what Mike does best.

0:38:190:38:22

-Go on, then. I suppose I'll be clamping it, won't I?

-Yeah.

0:38:220:38:25

We're going to immobilise the Volvo.

0:38:250:38:28

We're going to sit back in the van for a while.

0:38:280:38:31

Come 10 o'clock,

0:38:310:38:34

hoping he turns up in his Mercedes-Benz.

0:38:340:38:37

We've already got the Volvo clamped and we'll immobilise his Merc as well.

0:38:370:38:42

It may be an effective way of immobilising a vehicle

0:38:430:38:47

but crawling around in the gutter is hardly the high point of a Sheriff's day.

0:38:470:38:51

I love the clamp, I do.

0:38:510:38:53

He likes to get dirty.

0:38:530:38:56

With the Volvo immobilised, Mr Mir suddenly appears.

0:38:560:39:00

Not in his Mercedes, but from inside the shop.

0:39:000:39:04

It seems he's living in the flat upstairs

0:39:040:39:06

and has just come down to start the day.

0:39:060:39:09

Hello, there. My name's Mr Evans, sir. I'm an enforcement agent, enforcing a High Court writ.

0:39:090:39:12

-Are you Mr Jitsu Mir?

-I am, I am, yes.

-Right, OK.

0:39:120:39:15

Billy tells Mr Mir exactly how much he owes.

0:39:150:39:18

Currently, the bill is at £6,663.11.

0:39:180:39:23

How do you intend to pay it off?

0:39:230:39:24

But Mr Mir has no intention of paying it off today.

0:39:240:39:27

He says the dispute with his former tenant is still ongoing.

0:39:270:39:31

-I have defended it, yes?

-Right.

0:39:310:39:34

My solicitor has deal with it

0:39:340:39:36

and he has sent in an application to the court.

0:39:360:39:41

If you'd like me to show you the letter and everything...

0:39:410:39:43

Yeah, yeah. The application, sir, doesn't stop us actually enforcing on the debt.

0:39:430:39:47

Today, we've got a High Court writ, and it's live.

0:39:470:39:49

The only way you're going to stop enforcement today is by paying in full.

0:39:490:39:52

Yeah, well, I'm not in a position to pay that money.

0:39:520:39:55

Mr Mir says he needs time to call his solicitor.

0:39:550:39:58

The sheriffs give him half an hour but tell him he will have to pay

0:39:580:40:02

in full or the amount he owes will go up.

0:40:020:40:04

-At the moment, the balance is sitting at...

-£6,663.11.

0:40:040:40:10

If you don't get that together, sir, OK,

0:40:100:40:11

we're going to go to the next stage.

0:40:110:40:13

We'll incur an extra...

0:40:130:40:15

-Six, er, 594.

-£594 on it.

0:40:150:40:18

If you can't make that payment,

0:40:180:40:19

we then go to removal stage and you will incur...

0:40:190:40:23

-£1,072...

-on top of the bill as well.

0:40:230:40:25

I recommend that you take your half an hour to try and raise those funds,

0:40:250:40:28

because we are going to further enforce.

0:40:280:40:30

Mr Mir asks our camera to leave the shop,

0:40:300:40:33

so we move outside while he checks through his paperwork.

0:40:330:40:36

Mike and Billy start listing assets for removal.

0:40:360:40:39

There's quite a large kitchen at the back,

0:40:390:40:41

a lot of cooking equipment, possibly enough to clear the debt.

0:40:410:40:45

The one place where the sheriffs haven't so far been able to check

0:40:450:40:48

for assets is Mr Mir's flat above the shop.

0:40:480:40:51

It's a residential property,

0:40:510:40:53

so they can't force entry but they can gain peaceable entry

0:40:530:40:57

through an open or unlocked door.

0:40:570:40:59

Or, of course, the debtor could invite them in.

0:40:590:41:01

It looks like Mike's got upstairs into the debtor's flat now so, yeah.

0:41:010:41:06

I'm going to go and see what else we can list down.

0:41:060:41:11

A few minutes later, Mike emerges.

0:41:110:41:14

He's found exactly what he's been looking for.

0:41:140:41:16

The keys to Mr Mir's Volvo.

0:41:160:41:18

That's even better when the vehicle starts up as well.

0:41:210:41:24

That'll be staying in my pocket.

0:41:240:41:27

If the sheriffs do end up removing the Volvo and selling it at auction,

0:41:270:41:30

it'll be worth a lot more if it has a set of keys.

0:41:300:41:34

They're confident the car, along with the kitchen equipment inside,

0:41:340:41:37

will go a long way towards covering the debt, if it comes to that.

0:41:370:41:41

I've also got the shop keys as well.

0:41:410:41:44

Just in case.

0:41:440:41:46

Finally, there's news from Mr Mir.

0:41:460:41:48

He tells the Sheriff he's spoken to his solicitor and he's been advised

0:41:480:41:52

to pay the full amount.

0:41:520:41:53

As Mike unclamps the car,

0:41:530:41:55

Mr Meer invites us back inside to explain how the writ came about.

0:41:550:42:00

He says he didn't return his former tenant's deposit,

0:42:000:42:03

partly because he didn't have a forwarding address.

0:42:030:42:05

And partly because of the state of the property.

0:42:050:42:08

I went to see the property.

0:42:080:42:10

It wasn't in a good state.

0:42:100:42:11

I made that mention to him. I had to have the place refurbished again,

0:42:110:42:17

which I had a proper invoice for.

0:42:170:42:21

The money has been spent on that.

0:42:210:42:24

In fact, more than his deposit.

0:42:240:42:26

Mr Meer says he was wrongly accused of not putting the money in a

0:42:260:42:29

government-backed deposit scheme as the law requires.

0:42:290:42:33

The sheriffs will hold onto his money for 14 days,

0:42:330:42:35

giving him an opportunity to appeal, should he wish.

0:42:350:42:39

Meanwhile, Mike checks Mr Mir's online payment has gone through.

0:42:390:42:43

Yeah, that's the correct balance.

0:42:430:42:46

Brilliant, thank you very much.

0:42:460:42:48

Brilliant. Thank you. Bye.

0:42:480:42:50

This account cleared on stage one, without having to do a removal.

0:42:500:42:54

I'm going to go and let the defendant know

0:42:540:42:57

that the money's in the account and we'll be leaving.

0:42:570:43:01

It's a good result for the sheriffs.

0:43:010:43:03

Payment in full, all £6,663.

0:43:030:43:06

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