The directors of an auto parts business have claimed before the High Court that an accountant has allegedly hired convicted criminal Martin 'the Viper' Foley to collect a disputed debt of approximately €19,000 from them.
Maynooth-based NCS Autoparts Limited, its director Paul and his wife Brenda Lanigan have brought proceedings against chartered accountant Gerard Young trading as Mara Young & Company who they allege is "wrongfully and unprofessionally" trying to "intimidate and harass" them over the alleged debt for works done.
The plaintiffs claim that since early January, Foley has called to their home and left his business card in an attempt to collect monies from them for the defendant based at Moneycooley, Maynooth, Co Kildare.
The plaintiffs allege the hiring of Foley, who they claim arrived in a large van at their home and gave them his business card, was an attempt of "strong-arm intimidation" by the defendant.
The plaintiffs also claim they are fearful that Foley will return to their property, especially after they read reports about Foley's past criminal activities on the internet.
Represented by Ronnie Hudson Bl, instructed by solicitor Max Mooney, the plaintiffs have asked the Court for orders including an injunction restraining the defendant from instructing Kimmage-based Foley and his debt recovery business from calling to their property or corresponding with them.
Counsel said his clients have a good defence to the debt claimed by the defendant.
He said that some years ago NCS acquired a motor parts business called CPL Motor Factors from Mr Lanigan's parents some years ago.
Counsel said that earlier this year, and unknown to his clients, the defendant obtained a circuit Court judgement against NCS.
It was accepted that a warning letter about that claim had been overlooked in error.
Mr Foley, it is claimed, was then hired by the defendant to collect monies on foot of the judgement. The plaintiffs intend to appeal that judgement and have it set aside as quickly as possible.
Counsel said that the defendant had been CPL's accountant and had carried out some work for NCS for approximately one year in 2014 after the changeover in the business.
The defendant, they claim was never its accountant, and counsel said that NCS uses another firm to do its accounting.
VAT charge
During the changeover, NCS was unhappy with the defendant's work, and disputed a VAT charge of €16,000 which it alleges the defendant had attributed to NCS.
Counsel said that other separate High Court proceedings arose between the couple and the defendant arising out of the takeover of CPL had been brought, which he said have been settled.
Counsel said that the couple and NCS, with an address at Kilmore, Enfield, Co Meath had sought undertaking from the defendant to the effect that Foley would not attend at their property, nor attempt to contact them.
No such undertaking were forth coming, resulting in the couple seeking injunction relief. The matter came before Mr Justice David Nolan on Thursday.
The judge said that he was quite satisfied to grant the plaintiffs permission, on an ex-parte basis, to serve short notice of the injunction proceedings on the defendant.
The judge said that the Viper's alleged involvement was from the plaintiffs' point of view "very intimidating". The matter was made returnable to a date next week.
The judge added that while he was not making any orders at this stage of the proceedings he said that he was certain that Foley would not be calling to the plaintiff's property between now and when the matter returns before the court.
