Posts Tagged ‘Ireland’

Firm Owner Summoned Over Debt Collection

Monday, August 2nd, 2010

A BUSINESSMAN is to be subpoenaed to appear before the High Court next week after a judge was told gardaí had received information that a “well-known criminal family” had engaged a Limerick person “known to the gardaí” for debt recovery reasons from another businessman.

Mr Justice Brian McGovern yesterday directed a subpoena could be served on the home address of Tony Woods, described as the owner of Midland Steel, after being told attempts to serve a subpoena on him personally at his workplace proved unsuccessful.

The judge was dealing with issues arising from efforts of ACC Asset Finance to enforce a €3.29 million judgment order obtained by it in April 2009 against James Clancy, Furbo, Co Galway.

The De Lange Langen Ireland Company, trading as ACC Asset Finance, had secured the judgment over unpaid loans for a machine used in manufacturing prefabricated polystyrene houses.

ACC Asset Finance has been attempting for some time to secure information about assets of Mr Clancy in the United Arab Emirates and elsewhere, but has alleged he has failed to provide all the information sought.

Mr Clancy was jailed last April for two weeks for contempt of court orders in that regard, and Mr Justice McGovern yesterday warned him he faced a longer jail term unless the court orders were complied with.

A solicitor for Mr Clancy said the court previously heard he had an agent in Abu Dhabi, Stephen Graham, who helped him negotiate the release of equipment held there with €150,000 money raised by Mr Clancy from Mr Woods. Mr Clancy, the court previously heard, spent some €4.8 million on equipment as part of an intended joint venture building project.

Mr Clancy had intended going into partnership with another firm in Abu Dhabi but that did not happen, the solicitor said. His instructions were that Mr Graham had negotiated the release of equipment and this was stored in another warehouse in Abu Dhabi, but costs were incurred and some €275,000 was now owed.

It appeared Mr Woods employed persons to collect the debt or sold the debt to them. Mr Clancy had no connections with those persons, the solicitor added.

Det Garda Michael Staunton, of the crime unit of Salthill Garda station in Galway, said he called to Mr Clancy at his home last month to speak with him after the Garda criminal intelligence unit received information there was a threat to him, and that a well-known criminal family had engaged a person in Limerick, known to gardaí, for the purpose of debt collection.

Det Gda Staunton said intelligence available to him identified the person to whom money was owed, but he was claiming privilege over the intelligence. He could not disclose details about security measures, he added.

In reply to Shane Murphy, for ACC, Det Gda Staunton said Mr Graham was not mentioned in the intelligence reports. Asked was Mr Woods included, Det Gda Staunton said he was claiming privilege. Mr Clancy had previously said he had no income, his Clanview construction business was just about gone and he had tried to comply with court orders but had problems obtaining documents.

Ireland’s “Victorian” Debt Laws to Be Overhauled

Tuesday, November 17th, 2009

Should there be a complete overhaul of Ireland’s “Victorian” debt laws in order to differentiate between the “can’t pay” and the “won’t pay?”

According to a leading member of the Law Reform Commission, Patricia Rickard-Clarke there should be, who also claimed that various financial institutions took part in “reckless lending” by offering 120% mortgages and should now be penalised for bad practices.

Ms Rickard-Clarke also declared that Ireland’s reliance on the legal system and a myriad of different debt collection methods was “crazy” and it should be centralised in a national debt enforcement office to take much of debt recovery out of the court system and cut down on legal costs. Her comments come ahead of a major conference, ‘Reforming the Law on Personal Debt’, which is scheduled to take place in Dublin Castle next Wednesday.

The conference comes against a backdrop of spiralling credit problems, which now stands at an estimated 395 billion Euros, and bad debt which has led to a nation with a “growing level of personal indebtedness.”

“The legislation we have pre-dates Victorian times — it was there long before the current credit-based society that we live in,” says Ms Rickard-Clarke.

“The first thing that happens when someone can’t pay is that the person who is owed the money goes into court and gets a court order for debt recovery – it’s a very expensive procedure and what’s the point if the debtor can’t pay?” she says.

Ireland currently ranks fourth in an international table of household debt, with a ratio of household debt to disposable income levels standing at 176 per cent.

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