A debt collector has been barred from parking a signwritten van within 200 metres of a Clontarf woman’s home and from contacting her directly about an alleged debt, under an interlocutory injunction granted by the High Court.
In a judgment delivered on 4 October 2012, Mr Justice Hogan said Patrick McCartan’s conduct towards Deirdre Sullivan was “contemptible, irresponsible and outrageous”. He said it amounted, prima facie, to harassment and unlawful debt demands under the Non-Fatal Offences Against the Person Act 1997 and threatened her constitutional protections for her person and dwelling.
Ms Sullivan had hired Gerard Boylan and Gerard Boylan Building Contractors Ltd in December 2011 to build an extension and carry out refurbishment work. The work began in February 2012 and stopped in May. By April, she had paid €84,000 of the €91,250 contract sum. A dispute followed over the work completed and additional work claimed. The judge described the amount potentially owed as disputed, ranging from about €7,000 to €20,000, or possibly nothing.
The contractors engaged Mr McCartan to pursue payment. After first contacting Ms Sullivan on 1 August 2012, he visited her home unannounced two days later. In subsequent calls, texts and emails, he demanded payment and threatened to expose her to neighbours, park a debt-collection van outside her home and place a charge on her property. Ms Sullivan said she had no undeclared properties or business, despite an email referring to them.
On 24 August, after a message said the van would remain outside unless she paid, Ms Sullivan returned from work and found it parked directly in front of her house with “Licensed Debt Collectors” signage. She went to Clontarf Garda station; gardaí accompanied her home and spoke with Mr McCartan but said they could not prevent him returning or parking there. The judgment recounts further contact after that visit.
Ms Sullivan applied for an interlocutory injunction on 28 August. The judge had granted some relief without notice and adjourned the matter several times so the defendants could present their positions. The contractors later gave undertakings to the court and ended Mr McCartan’s retainer. Mr McCartan did not appear or have representation at the hearings.
The court’s order was interim, pending a final hearing. It barred Mr McCartan from parking his van with signage within 200 metres of Ms Sullivan’s home and from contacting her directly by email, telephone or text about any alleged debt. The judgment said a permanent injunction might be justified at a final hearing; it did not make that final order.