Straide man ‘terrorised’ by bank asset-recovery agent

Bank agent charged with assaulting Straide man


An asset recovery agent sent by ACC Bank to repossess a Toyota Hiace in Straide was before Castlebar District Court last Wednesday charged with assault and trespassing.
Aidan Faulkner of Crow’s Nest, Castlecohill, Clogherhead, Co Louth is accused of the charges at the property of Patrick Ruane, Knockshanvalley Lodge, Straide, Foxford on Wednesday, April 21, 2010.
Mr Ruane told the court how he would ‘never forget’ the day in question and how he was ‘never more terrorised’ by the actions of Mr Faulkner, who he described as a ‘bully’. The court heard how a head-butt from Faulkner to Ruane’s face left Ruane with a broken nose, a split lip and loosened some of his teeth.
Faulkner, a former officer in the Defence Forces, said he was ‘extremely provoked’ and contested the charges.
Ruane told the court that his five-year-old Toyota Hiace was on hire purchase from ACC Bank and admitted that he had missed the last three repayments, amounting to €843. The total loan taken was €17,900. He had spoken with John Dillon of ACC the previous Friday but said he received no notice that Faulkner was coming to take the van on the Wednesday morning.
Ruane said that, after Faulkner rang him, Ruane arrived at his house at 8.20am where Faulkner was waiting. Ruane said he told Faulkner ‘50 times’ to get off his property but that Faulkner refused to do so. Ruane said that when he went to move the Hiace, Faulkner threatened to lie down in front of it and ‘take the whole place’ if the van moved an inch. Faulkner claimed in court that Ruane drove at him and hit him with the van in the knee.
Ruane added that, subsequently to this, he said he then went to push Faulkner away when he caught him by his tie, pushed him into the yard and head-butted him.The incident was caught on CCTV, which was installed at Ruane’s house, which is also a business premises for his work as a farrier.
Faulkner told the court that he works as an Asset Recovery Agent for Auto Trace Solutions and told the court that he had submitted a counter-claim of assault to Gardaí which wasn’t processed. Judge Mary Devins asked him was he instructed to drive into private property. Faulkner said his instructions were to remove the vehicle.
Superintendent Peter Boyle asked Faulkner if the head-butt was a reasonable blow?
“I was frightened, some people just don’t show it but I was,” replied Faulkner.
John Dillon, a Senior Agent in Collections and Recovery gave evidence of the background of  the agreement with Mr Ruane and how they went about terminating the contract.
Judge Devins said that theletter which Faulkner had with him was ‘the worst drafted letter I’ve ever seen’ as it gave ACC no right to take the van.
“It is not very edifying and very murky and doesn’t do ACC any favours,” she said. Mr Dillon agreed with the judge that ACC had no right to seize the van on the day in question.
Judge Devins said that the prosecution had ‘proven the case of trespass and assault’ but deferred the matter for her decision.