A woman whose property in Castleknock, Dublin was repossessed on behalf of Pepper Finance, allegedly cut through a steel security door with an angle grinder to regain entrance, the High Court heard on Wednesday.
Barrister Keith Farry told Judge Emily Farrell on Wednesday that his client, Pauline O’Callaghan, denied having caused any damage to the property at 22 Park Drive Grove, Castleknock, or having employed “agents” to break into it.
Conall O’Neill, counsel for Pepper and its receiver, James Anderson, told the judge a temporary injunction had been obtained restraining O’Callaghan or anyone on her behalf from trespassing further on the property.
O’Neill, who appeared with Amoss Solicitors, said the matter was very serious because there were allegations of the house being broken into with the use of an angle grinder or power saw.
Farry, appearing with Carter Anhold Solicitors, said O’Callaghan disputed the power of the appointing of the receiver and believed the bank was selling the property at an undervalue.
Anderson, of Deloitte chartered accountants, said in written evidence he had been appointed to sell the Castleknock property on behalf of the bank, as well as O’Callaghan’s property at 22 Kirkpatrick House, Spencer Dock, North Wall Quay, Dublin 1.
He said the Castleknock property had been mortgaged with a Bank of Scotland loan of €160,000 in 2008 and the Spence Dock facility with a €266,000 loan, also in 2008.
Both mortgages had been bought by Pepper in a transfer deal with Bank of Scotland and the properties had been repossessed on foot of default in repayments. O’Callaghan did not deny the loans or defaulting on repayments but claimed the identity of the loan owner was uncertain.
Anderson said he took possession of both properties and an offer of €370,000 had been made recently on the Spencer Dock one.
Last month, the defendant or agents on her behalf, appeared to forcibly re-enter the Castleknock house by cutting through a steel door, changing the locks on it and screwing it closed from inside and placing people unknown in occupation.
Anderson’s ability to sell the property had been obstructed and he feared similar action would be taken to frustrate the Spencer Dock sale.
Farry told the court he would require time to produce written evidence on behalf of O’Callaghan. The proceedings, with the interim injunction remaining in place, were adjourned to next week.