A ROSCOMMON contractor has been warned by a High Court judge he faces being jailed if he breaches an order not to intimidate a couple over an alleged debt.
The couple previously secured an injunction against contractor Richard Kenny and his agents after alleging they had been harassed by employees of the Viper Debt Recovery and Repossession Services Limited.
Ms Justice Mary Laffoy yesterday continued that injunction, on consent of Mr Kenny, pending the full action.
The order was sought by retired surveyor Séamus Campbell and his wife Teresa Hand-Campbell, a school principal, Glebe House, Cloghan’s Glebe, Kiltoom, Co Roscommon, against Mr Kenny, Castleplunkett, Castlerea, Co Roscommon and his agents.
The couple deny they owe some €13,250 to Mr Kenny for work on a garden. The alleged debt is subject of separate Circuit Court proceedings initiated by Mr Kenny.
Mr Kenny gave an undertaking yesterday to obey the terms of the injunction and to keep away from the Campbells. Mr Kenny represented himself.
Mr Kenny agreed he had hired the Viper Debt recovery service but handed in a letter to the court stating he had asked it not to act on his behalf.
Noting Mr Kenny’s consent to the order, Ms Justice Laffoy said it was “very, very important” he “understand what was involved.” If the injunction was not complied with, the Campbells could return to court and seek to have him jailed for contempt.
Martin Canny, for the couple, said Mr Kenny had not filed any reply to the allegations made by his clients and, on that basis, the court should grant the injunction until the matter is determined by the High Court. Mr Canny said the Campbell family had been intimidated by Mr Kenny and subsequently debt collectors acting on his behalf. The situation had been going on for some time and had been reported to the Garda.
In an affidavit, Ms Hand Campbell said two men, with a white van which had written on its side: “Viper Debt Recovery and Repossession Services Limited”, called to her door last month.
One man stood near the van with his arms folded and looked quite threatening while the other man spoke to her and handed her a business card, stating: “We work for Martin Foley of Viper Debt Recovery. We are here to collect €13,500 owing to Richard Kenny.”
Ms Hand-Campbell said she felt very threatened and asked the men to leave immediately. As they left, one of the men said: “We will be back later and again tomorrow without a doubt.”
Notwithstanding the involvement of the Garda, she said Mr Kenny had not desisted in his unlawful conduct. Ms Hand-Campbell said she had not joined the Viper company in the case as she was greatly intimidated by its reputation but she asked the court for an appropriate order restraining it from acting for the defendant.