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Ram a lamb a ding dong

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    Ram a lamb a ding dong reacted to Day in The Football Creditor rule is explicit, simple, and solves all of Derby's issues   
    Three parties have made offers, any one of which would allow the club to exit administration with a substantial payment to creditors.
    These offers need clarity, that the claim by Boro and the potential claim by Wycombe do not qualify as Football Creditors.
    The football creditor rule is not defined in the EFL regulations, it is part of the Articles of Association of the Football League Limited, of which all clubs are minority shareholders (the golden share).
    The football creditor rule is in Article 48, which clearly defines what constitutes a football creditor, copied below from Companies House.
    The rule clearly states that it is to cover payments of "debts due". How possibly, can an unproven, unquantified claim such as Boro's be consider a debt due?
    If the EFL is suggesting that any claim by a football club or employee, which is unproven, should be classified as a football creditor it would create mayhem. And, bona fide football creditors with debts due, and other preferential and unsecured creditors would lose out as a result.
    The EFL can't have this both ways. If they choose to say Article 48 does not qualify Boro's claim as a football creditor the EFL are suggesting they might be sued by Boro.
    However, if they choose to say that Article 48 should be interpreted (which is a wild stretch) in a way that Boro should be classed as a football creditor then it is almost certain that the EFL would be sued by the Administrators and the creditors including genuine football creditors, and HMRC for their easily quantified losses. 
    The EFL also risk being sued under section 994 of the companies act for acting prejudicially against the interests of a minority shareholder of the football league ie. DCFC.
    We need to apply pressure on the EFL to get off the fence, see that their actions alone are preventing the Administrators from getting a deal agreed. 
    Article 48 says that Boro's claim cannot be a football creditor and the EFL must state that and stop this nonesense.
    "48         FOOTBALL CREDITORS
    48.1      Where a Member Club defaults in making any payment due to any of the following persons, 
    the Member  Club ('Defaulting  Club')  shall be subject to such penalty  as the Board may decide 
    and subject also to Article 48.2:
    48.1.1        The League, The FA Premier League and the Football Association;
    48.1.2        any of the Pension Schemes;
    48.1.3        any Member Club and any Club of The FA Premier League;
    48.1.4        any holding company  of The League and any subsidiary  company  of that holding 
    company;
    48.1.5        any sums due to any full-time employee or former full-time employee of the Member 
    Club by  way  of arrears  of remuneration  up to the date on which that contract  of employment is 
    terminated. This excludes for these purposes all and any claims for redundancy,   unfair   or  
    wrongful   dismissal   or  other   claims   arising   out   of  the termination  of  the  contract  
    or  in  respect  of  any  period  after  the  actual  date  of termination;
    48.1.6        any  sums  due  to  the  Professional  Footballers  Association  in  repayment  of  
    an interest  free loan together with such reasonable  administration and legal costs as have been 
    approved by the Board;
    48.1.7        The Football Foundation;
    48.1.8        The Football Conference Limited trading as "the National League";
    48.1.9        The Northern Premier League Limited;
    48.1.1O      The Isthmian League Limited;
    48.1.11      The Southern League Limited;
    48.1.12      Any member club of the League or organisations listed in Articles 48.1.8 to 48.1.11 
    inclusive;
    48.1.13      Any County Football Association affiliated to The Football Association; and
    48.1.14      Any Leagues  affiliated to The Football Association  and any clubs affiliated to any 
    County Football Association recognised by The Football Association.
    48.2      Subject to the provisions of Articles 48.3 and 48.4, the Board shall apply any sums 
    standing to the  credit  of  the  Pool  Account  which  would  otherwise  be  payable  to  a  
    Defaulting  Club,  in discharging  the  creditors  in Article  48.1.  As  between  the Football  
    Creditors,  the  priority  for payment shall be in accordance with the order in which those 
    Football Creditors are listed in Article 48.1.
    48.3      If,  having  discharged  all Football  Creditors  in  any  preceding  class  of  Football 
     Creditor  (as
    · required by Article 48.2) the sum then available is not suffident to discharge in full the 
    Football Creditors listed in Articles 48.1.1, 48.1.2 or 48.1.4 the Board will decide the 
    allocation.
    48.4      If,  having  discharged  all Football  Creditors  in  any  preceding  class  of  Football 
     Creditor  (as required by Article 48.2) the sum then available is not sufficient to discharge in 
    full the Football Creditors listed in Article 48.1.3, 48.1.5, 48.1.12, 48.1.13 or 48.1.14 the sum 
    will be allocated pro rata amongst the creditors of the same class.
    Note - Clubs are reminded that any assignment of future entitlements from the pool account are 
    subject to Article 45 and this must be brought to the attention of the other party. Furthermore 
    assignments must be in legal form and registered with the office. Assignments are given priority 
    according to the date and time of registration."
  2. Clap
    Ram a lamb a ding dong reacted to Rammy03 in The Administration Thread   
    Finally
  3. Like
    Ram a lamb a ding dong got a reaction from HuddersRam in The Administration Thread   
    Agree. Late night post = a rocket up their a$$e$ and trying to justify complete nonsense 
  4. Like
    Ram a lamb a ding dong got a reaction from cosmic in The Administration Thread   
    Agree. Late night post = a rocket up their a$$e$ and trying to justify complete nonsense 
  5. Clap
    Ram a lamb a ding dong reacted to nottingram in The Administration Thread   
    Also an admittance, from themselves, that their “Articles and Insolvency Policy” is open to interpretation.
    What are they doing? How can they have so many regulations that are open to interpretation, and if it is, how can Quantuma’s interpretation of it be wrong?!
    Utterly, utterly incompetent and a stain on the sport.
  6. Clap
    Ram a lamb a ding dong reacted to Premier ram in Care about DCFC - how to email your MP   
    Emailed her too mate
  7. Like
    Ram a lamb a ding dong got a reaction from Crewton in Petition to the Sports Minister   
    Nah. Talksport very blinkered. Even the 10am slot skirts around the matter. I think they avoid the pointed questions to avoid any infringements
  8. Clap
    Ram a lamb a ding dong reacted to BaaLocks in Petition to the Sports Minister   
    Nice of him to give some of it back

  9. Clap
    Ram a lamb a ding dong reacted to Half fan in Care about DCFC - how to email your MP   
    Thanks for the link. I have just written to my local Rushcliffe MP Ruth Edwards.
  10. Clap
    Ram a lamb a ding dong reacted to DarkFruitsRam7 in Care about DCFC - how to email your MP   
    Not generally a fan of Bridgen but he's gone up in my estimations here.
  11. Clap
    Ram a lamb a ding dong reacted to Oldben in Petition to the Sports Minister   
    Probably requires a publicity stunt to Ram whom the message of the passion of Derby fans on the issue.
    A demonstration outside Parliament or a parachuting directly into pride Park carrying a message for the administrators or a fly past with a banner over middlesborough game saying "gibson leave our club alone".
    Fly past with banner over efl hq saying "efl leave our club alone!".
    These things might gain a mention in the national press.
    Mind you, what ever is done has to happen before the 1 February, the efl deadline for our club.
     
  12. Clap
    Ram a lamb a ding dong reacted to Yani P in Petition to the Sports Minister   
    Looks like the combination of emails to MPs, Twitter messages etc. are already doing a job. Lots of MPs saying they want urgent meetings with Sports Minister and EFL..great stuff..keeping the pressure up is vital and spreading the message wider is also essential to make things happen. Also a few celebs Tweeting about Derby and seems like at least a part of the mainstream media is picking up the message.
    Great stuff by everyone . All Derby fans are after the same outcome...end the vendetta..we have our punishment..let us get on with the football. The Petitions will look great with the thousands of signatures, again the wider the message spreads the more people will sign.
    Do we have any agreed hashtags we could use to keep the messages linked and relevant?
     
  13. Clap
  14. Like
    Ram a lamb a ding dong got a reaction from I know nuffin in Petition to the Sports Minister   
    Great traction. Now at 36k. Expect to hit 50k around Tuesday.
  15. Clap
    Ram a lamb a ding dong reacted to Brammie Steve in Care about DCFC - how to email your MP   
    As well as signing the petition I have contacted my MP, John Spellar.
    We can’t just sit back and let our great Football Club be destroyed by jealousy, malice and/or vindictiveness.
  16. Like
    Ram a lamb a ding dong got a reaction from BriggRam in Care about DCFC - how to email your MP   
  17. Clap
    Ram a lamb a ding dong got a reaction from AbuDerbyDave in Care about DCFC - how to email your MP   
  18. Clap
    Ram a lamb a ding dong got a reaction from GlastoEls in Care about DCFC - how to email your MP   
  19. Clap
    Ram a lamb a ding dong got a reaction from Ram1988 in Care about DCFC - how to email your MP   
  20. Cheers
    Ram a lamb a ding dong got a reaction from RoyMac5 in Care about DCFC - how to email your MP   
  21. Haha
    Ram a lamb a ding dong reacted to nogbad van 50 in Serdar Dursun   
    No energy left for the second half then! 
  22. Clap
    Ram a lamb a ding dong reacted to Rampage in Serdar Dursun   
    All this seems more likely than not but I think we are all a bit nervous to see what happens. We are playing with half our team perhaps. Looks like the Academy players will have to drop back. Much easier for them to play well in a good team than a struggling one.
  23. Clap
    Ram a lamb a ding dong reacted to Wolfie20 in Serdar Dursun   
    One of the best examples in recent Rams history was when we signed Shefki Kuqi on an emergency loan. He'd hardly been prolific in the previous 3 seasons but for about 10 games we played some of the best attacking football for quite a long while. Although scoring only a couple of goals he just seemed to fit.
  24. Haha
    Ram a lamb a ding dong reacted to Macintosh in Serdar Dursun   
    On the Beatles' version it is do dun do do:
    Here comes [Der Sun], do, dun, do, do
    Here comes [Der Sun], and I say
    It's all right
    [Der Sun], sun, sun, here he comes
    repeat four times.
     
    On Steve Harley's Cockney Rebels no doo doo, just:
    Here comes [Der Sun], here comes [Der Sun]
    And I say it's all right
  25. Clap
    Ram a lamb a ding dong reacted to Keepyuppy in Serdar Dursun   
    I’ve still not got over the £1.5 we paid for Connor Sammon !!
    Surely no one can be as poo as he was ? ?
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