A repossession agent was found to have trespassed on private property and assaulted a man, whose van he was trying to repossess on behalf of ACC Asset Finance, at Castlebar District Court on Wednesday.
The facts of the case were heard last year. It outlined that Aidan Faulkner, Crow’s Nest, Castlecohill, Clogherhead, Co Louth, telephoned Patrick Ruane, Knockshanvalley Lodge, Straide, Foxford, after 7am on April 21 2010 and told Mr Ruane that he was at his property and was there to repossess a Toyota HiAce. Faulkner worked for Auto Trace Solutions Ltd, which was sub-contracted on behalf of debt collection company Ganley-Craigie Ltd to carry out repossessions for ACC Asset Finances.
Mr Ruane, who was not at home at the time, arrived at his premises shortly after and observed Faulkner sitting in a red van on his drive, next to the HiAce. Mr Ruane told Faulkner that he had been given no permission to enter his private property. Mr Ruane asked the defendant to move onto the public road where he would speak to him. Mr Ruane said that he asked Faulkner numerous times to leave his property. Mr Ruane said that the defendant opened his van’s door, which hit Mr Ruane in the chest.
A taxi driver, who had dropped Mr Ruane home, was still at the scene and was asked by Mr Ruane to write down the registration number of Faulkner’s van and was then asked to move the HiAce into Ruane’s yard. According to Mr Ruane, Faulkner said, “If that van moves I will lie down and I will sue ye.” The taxi driver did not move the van.
Mr Ruane then went to get his guard dog and he claimed that the defendant said to him to, “Let the dog bite me... I’ll take everything off you.”
Mr Ruane then contacted a solicitor, who informed him that Faulkner had no right to be on his property and advised him to call the gardaí. Mr Ruane then got into the van himself, but said that Faulkner stood in his way. Mr Ruane blew the horn and moved the van. As he drove by he said that the defendant lay on the ground.
Mr Ruane again asked the defendant to leave his property and began to push him out of his gate. Mr Ruane said that he was caught by his tie and pushed into onto his yard. Mr Ruane said that he pushed Faulkner and then Faulkner head-butted Mr Ruane, which broke Mr Ruane’s nose in two places and made his lip bleed.
The gardaí were called and Faulkner sat back into his van and waited for the gardaí.
Garda Peter Clancy arrived after 8.50am and the assault was reported to him. Garda Clancy immediately viewed CCTV from the house and then he spoke to the defendant who made a counter allegation that Ruane assaulted him, however no statement was made to gardaí in Castlebar or in Louth. Garda Clancy noticed no injuries to the defendant but noticed that Mr Ruane was bleeding.
The CCTV footage was viewed by Judge Devins.
Faulkner told the court that he went to the business address of Mr Ruane that day and had a termination letter from ACC with him. He said that when Mr Ruane arrived he came up to him in his van and blew smoke into his face and said for him to “get off my f****ng property”. Mr Ruane told him “they are not getting the vehicle back”. The defendant told Mr Ruane not to set the dog on him and he said that Mr Ruane drove the van directly at him, which hit him on his right knee and knocked him to the ground. The defendant made a statement to his employers that night.
The court heard that Mr Ruane had missed three payments with ACC. On the Friday before the incident he spoke with John Dillon from the collections recovery department of ACC. Mr Ruane said that he would make these payments. Mr Dillon told the court that Mr Ruane was told that the agreement was being terminated and that the van would be repossessed. A termination letter was also sent in the post.
Judge Devins said that this letter was “meaningless” as it gave no dates of when the balance was to be paid and therefore gave no right to repossess — ACC’s “name is being dragged through the mud in the district court in Mayo”, the judge said. The judge also said that the letter which Faulkner had on the day had no name or photo ID linking the defendant with ACC.
At this week’s court sitting the judge said that this document was “utterly meaningless” and Faulkner had no authority to be on the property. The judge said that the defendant was “most definitely trespassing on curtilage of the property and doing so in a manner which was likely to cause fear”. The judge said that CCTV showed “the most definite assault of a man on his own property”.
Faulkner, a 52-year-old married father of two, has no previous convictions. The court heard that he no longer works for the repossession company as it went into liquidation.
Judge Devins said that this was an “unusual case” and wanted time to consider the penalty. The case was adjourned for sentencing to July 27.
