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Hi All,

this is a commercial rent issue.


I have an action against the landlord being processed by CCMCC for a sunstantial amount after the landlord installed solar panels without any notice (my lease is for the entire building) during this process carried out whilst I was away on my honeymoon



scaffolders erected scaffolding on the roof of my £75,000 race lorry and smashed the roof


Landlord refused to supply insurance details,

this then led on to it being discovered the building actually doesn't have planning permission it has a "agricultral storage" covernant on it, it can not be used for commercial purposes.



My lease has the permitted use as "light industrial and machinary repairs" I have had to cease trading as the council have said they will not change permission of use.


in response to the CCMCC the landlord it would appear have instructed High Court Solutions to take control of the building and eject all my goods, change the locks etc.


The notice of attendance was served (well posted through my letter box I wasn't in) at my house



after they did this (no former notice has been received at all) the top of the notice states queens bench division but district registry and county court claim number are blank, as case reference number starts HCS so I assume it is there internal one.


below this it states

"I have received a high court writ against you in respect of the above matter made up as follows"


then it lists judgement debt with an amount in it,

but no judgement costs or execution costs only enforcement fee and vat have amounts in them.


I have not had any correspondence from the landlord accept a reply to my pre action notice,

he has had a notice of action and also a duty of care notice and the HC EA was aware of the CCMCC claim but claimed it was bogus.


I have requested the writ and quoted the CCMCC ref to the company but had no replies


I think what has been done is a CRAR, again this is without any notice so I can set aside.


could anyone advise on the need to supply the writ, or how I can obtain a copy given I have no ref number or district registry?

and can a high court writ be gained without a court hearing at a lower court?


Many thanks


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why do you think its false?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1) there are no costs for a judgement

2) it states a high court writ, I have an action against the landlord that was commenced in December of last year I am pretty sure he could not get a court hearing without notice without declaring the action against him.

3) i have never recieved any court papers of any kind, nor have i recieved a demand for rent, when the police were involved last year for harrasment they could not take any action on the grounds of obtaining money by deception as I had only notified him in december that we were had been notified by the council the building had an agricultral use only covernant on it (its a new build when we moved in) and as such he can ot rent it for commercial use. From January the landlord has not collected the rent (paid in cash) and has accepted he did damage the vehicle but claims that it was my fault for not moving it as I had no permission to park it there for the 5 years it had been there! and he did stop me going about my business but then refused to supply his insurance details. We now know he does not have landlord insurance, not did he pay the deposit into the scheme as required by law. He is a farmer, he thinks he is god

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Contact your nearest County court that deals with high court writs and see if they can find one in your name.


In cases where a building is being used unlawfully, as there is no legal permission for the current usage, then the landlord can apply to evict the tenant with very little notice and the high court enforcement agents will try to get the costs back from the tenant.


Now i don't know enough about these issues and i am not sure others will know enough about such commercial legal issues. It seems quite complicated to me and I am not sure how you can lodge an appeal against the writ, because the unlawful usage might well trump all of the other issues you have.


If you can find which court dealt with the writ, you can request copies of their application to see what was said. If necessary the request for information from the court can be made under i think CPR 5.4 and there is a small fee of about £11 for photocopying, but you would get everything on file. Once you have the information, you might well have to see a Solicitor that deals with such commercial tenancy situations.

We could do with some help from you.



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thanks for the link, I am aware of this process.


as for the unlawful use, to be absolutely clear

the landlord has given me a lease with permitted use as "light industrial and machainary repairs".



After the dispute started the council became involved and they checked and when the building was built new (just prior to me moving in)

the plannng permission was granted with a clause (covernant) in it of "agrcultural use only"


The council state that they would not have given permission for the building to built for any commercial use.



This is different to the planning consent for ratable value permissions B1, C2 etc.


However I have rang the police and they are now investigating this matter.


by way of an update

there is no high court writ

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yes if using a CRAR you are correct

(no notice was received under the CRAR regs either

plus the amount is for rent and electricity as he is the electricity supplier by way of a secondary meter,

and you can not recover anything other than rent undr CRAR)


however the high court enforment officers paper work states


"I have today received a high court writ....."


as I said the police are now involved as it is gaining by malice and or gainig by deception


A judge issued an injuction today using the section 8 and N244 forms for reference

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Pleased to hear you have an Injunction which will no doubt prevent further action for now. I would suspect the paperwork the HCEO has used is just a generality and may be overlooked - but still worth pointing out.

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Oh and I forgot to say

the beetle, that belongs to a DC at Northampton Police


I have sold the story to a leading newspaper who have ran articles on this show before i got £1 for it - figured that was all THEY were worth

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  • 1 month later...

High Court Solutions are a tin pot outfit that originally starred in Can't Pay We'll Take It Away. Most of their staff left and went to DCBL. The owner, David Brasen is an Insolvency Practitioner by trade. I'd suggest you contact him as it's clear they still understand little of the HCEO process. To be honest, I thought they'd ceased trading.

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