Trust tells receivers to vacate debtors’ properties

A quasi-spiritual trust has moved to assert control over a lucrative portfolio of properties signed into its care, by telling receivers and auctioneers to vacate the lands or face hundreds of millions of euro in claims.

Charles Allen: High Court bench warrant has been issued against the organiser of the Rodolphus Allen Trust following a standoff against IBRC receivers in Kildare last month. Picture: Eamonn Farrell

The move has come as a High Court bench warrant was issued against the organiser of the Rodolphus Allen Trust, which says it has accepted €2bn worth of assets from up to 2,000 struggling debtors.

The warrant related to the organiser’s role in a standoff against IBRC receivers in Brannockstown, Kildare, last month. This ended on Wednesday when the bank retook control of the property.

The organiser, Charles Allen, care of PO Box 2, Thomastown, Co Kilkenny, and Inistioge, Co Kilkenny, failed to appear before the High Court yesterday to answer for his alleged trespass and occupation of the stud farm.

As a result, Mr Justice Sean Ryan said Mr Allen should be arrested and brought before the court.

Similar warrants have been issued against the owner of the stud farm, Eugene McDermott, and anti-eviction campaigner Ben Gilroy.

Ahead of the court hearing, Mr Allen’s organisation, the Rodolphus Allen Trust, had written to receivers and auctioneers across the country.

These had been appointed to control the assets of hundreds of debtors unable to repay their loans.

The trust’s letters have ordered receivers to give up any interest in the properties or they will be pursued for money.

The instructions have not been challenged in court yet and there is no evidence any receiver has acted on the threat.

The trust had told debtors who signed over properties it would demand that receivers stop collecting rent on commercial assets and divert any income to Mr Allen’s trust.

The issue was not raised during yesterday’s High Court proceedings relating to the Kildare stud farm.

In this case an injunction had been sought against Mr Allen, Mr Gilroy, and Mr McDermott.

Joint receivers Mark Reynolds and Glenn Crann, who were appointed over the property owned by Mr McDermott in 2011, commenced the proceedings against Mr Allen and two others for breaching court orders not to trespass or interfere with the receivership.

The receivers claim all three are involved with “a mob” who in late August forced the receiver’s agents off the lands.

There had been an issue in regards to the service of proceedings on Mr Allen. Last Monday Mr Allen was personally served with the relevant legal documentation at a Co Wexford hotel, counsel said.

Counsel said the action arose after a mob of more than 100, led by Mr Allen and Mr Gilroy, took possession of the stud farm on Aug 31. Mr Allen, counsel said, was photographed cutting locks placed by the receiver’s security staff on gates at the stud farm.

Counsel said Mr Allen stated the farm was now the property of an entity called the Rodolphus Allen Family Private Trust. Mr Allen, counsel said, had being approaching people around the country who had difficulties with banks or had judgments registered against them.

In an attempt to avoid losing their properties, people signed them over to an entity created by Mr Allen. The trust, which counsel said is a “legal fabrication”, granted the signatories a 999-year lease over the same properties.

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