The_Sheriff

Whoever saves this club is a hero to me! 

Whoever saves this club is a hero to me! 

Whoever saves this club is a hero to me! 

Whoever saves this club is a hero to me! 

Whoever saves this club is a hero to me! 

Whoever saves this club is a hero to me! 

Whoever saves this club is a hero to me! 

How great is it that he still goes out and buys Derby shirts.
 

The games ducked anyway. Whilst there are two different bodies running the pyramid and money being distributed unfairly it’s completely ducked.
It shouldn’t be you can get away with ffp if you get promoted it should be you get punished regardless.

The games ducked anyway. Whilst there are two different bodies running the pyramid and money being distributed unfairly it’s completely ducked.
It shouldn’t be you can get away with ffp if you get promoted it should be you get punished regardless.

So true, if that precedent is set then the league will be full of claims and counter claims. It will implode.

The games ducked anyway. Whilst there are two different bodies running the pyramid and money being distributed unfairly it’s completely ducked.
It shouldn’t be you can get away with ffp if you get promoted it should be you get punished regardless.

It's interesting reading the Boro thread from the final day of the 18-19 season. https://www.oneboro.co.uk/forum/topic/8276-boro-v-rotherham-a-1-2-assombalonga-mikel/page/19/#comments 
I think throughout the whole thing there's one mention of our alleged 'cheating' and endless discussion of how rubbish Boro were that season. Apparently they even took inflatable dinosaurs to the game in a protest against Tony Pulis' prehistoric football.
Surely, if our 'cheating' was so instrumental in determining the final league standings, Boro fans would have discussed it to death at that time. Surely, their fans wouldn't be saying how rubbish Boro were.
Some highlights:
AdamBoro: "Boro dont deserve playoffs, and if they did make it would no chance get promotion." [Pg10] Dan1234: "Let's be honest, who on earth wanted to sit through a season in the prem under Pulis." [Pg11] Jimmy: "Ah well that was 45 mins of fun anyway. Now get rid of Pulis at 5pm. Failure to get top six is a massive underachievement no matter ‘how much he’s done behind the scenes’." [Pg11] Hanzino: "Hahahaha, get in. Did not want to see us get smashed in the playoffs anyway, get this idiotic dinosaur out the club right now" [Pg11] Pikerman: "Taxi for Mr Pulis all the way back to Dorset please and definitely one way. Who can honestly say we deserve a top six place after losing six on the trot" [Pg11] Jamie-H: "Hope we kept the receipts for all those overhauls and renovations he did in January hopefully they're still in warranty. When he walks away the excuses and tales we'll hear about how he was so unlucky and how he never could get a striker in that he wanted. There's bright spots for next season Britt and Fletcher look good McNair's been decent the past few games and we have Wing/Tav who could really breakout next season." [Pg12] Borodane: "It’s more or less the only way you can tell the club what you feel. They won’t be looking at message boards and they won’t be asking fans. They certainly won’t be paying attention to letters like the one Will wrote. The only way you can show the club that you aren’t happy is by protesting in numbers at a match or outside the ground. As paying costumers we have the right to criticize the product." [Pg14] BegStealOrBoro: "Except they haven’t. They are really struggling to sell anywhere near the amount they did before this season.  Either way the argument is getting a little dull. Pulis finished 7th with one of the most expensive squads in the league. He has alienated large amounts of the fan base while not delivering the results he needed. It’s Gibson’s call on whether to keep him, but I cannot see how anyone can view the season as a success - and because of that I do not understand any desire to keep him. It’s not like we have been playing better and better through the season." [Pg14] Rioch's Braves: "I wish to *** Frank Lampard was our manager set his side out to play good entertaining football and regardless of the play offs what a superb 1st season for him. Football wins today for me. Times up Pulis you have FAILED with your dated boring lifeless poor excuse for football." [Pg15] Ash: "Desperately need to invest in new players and a new manager next season. The truth is, we were never good enough to go up and didn't deserve to." [Pg15] JamesP: "Would have been so undeserved if we had finished sixth, and Pulis would have embarrassed us again. Worst season in memory. Please get rid" [Pg15] Duvel: "This hasn't been the lowest finishing position I've seen but it's by far and away been the worst football I've ever seen as a Boro fan. Even in season's where we've been relegated I've seen some flair players or the occasional game which was enjoyable, this has just been dire to watch. I'll be glad if Pulis goes but I've got no faith in Gibson anymore to make the right changes, the final straw for me was Gibson putting up prices after the season we've just watched. It's clear that they see us as customers now rather than supporters, well if you want to treat me like a customer then you need to provide a product. Until then I won't be back at the ground." [Pg17] Rioch's Braves: "Never thought I'd be saying this but if Gibson hasn't got the vision, ambition and direction to take this club forward then though his been a brilliant chairman/owner perhaps its time to hand over the reigns to someone else. I have felt for a long time that its not just a case of Gibson making poor decisions but that he really has ran out of ideas and that's t a sad time. I would love Steve to prove me wrong but I can't see it happening, we are a club going backwards." [Pg18]  

At least Black and White together, try to give us decent updates.. 
Ramstrust just give us the same news and try and spin it like there working for the club… 

Unbelievable
 

Some have sent follow-ups to Margaret Beckett, Toby Perkins, James Daly et al. They deserve the credit for cutting through the hogwash .

He's trying to defend his reputation with his own fans. Hence the excessive use of "Cheating". 

So she expected to hear from them if there were problems & that they haven’t acted in good faith with her 
that they’re on Middlesbrough’s side 
so she’s written to the minister 
she feels there’s levers for government- shouldn’t be standing idly by while we’re put out of existence 

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."

Here's the statement ddirectly:
https://www.efl.com/news/2022/january/efl-statement-Derby-county/
Full of weasel words from the EFL. For instance, point 11 they claim the Administrators accepted the additional 9 point penalty. Wasn't this only because the EFL kicked the appeal into the long grass so we had absolutely no choice if continuing to function as a club?
I'm glad they say we say the Boro and Wycombe claims are "spurious". It is appalling they have no view on them, haven't even seen Wycombe's. but won't let us deal separately with them outside the EFL framework and through the courts.
 

I think
If we're honest.
It's time to retire the phrase "Bamford". 
And replace with "Gibson".

Sarah Dines posted on Facebook that she met with Nigel Huddlestone (Minister of Sport) this morning to discuss DCFC position