WhiteHorseRam
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WhiteHorseRam got a reaction from Day in The Football Creditor rule is explicit, simple, and solves all of Derby's issues
Is this work the result of locking @DarkFruitsRam7 in a cupboard for a week and feeding him just Haribo?
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WhiteHorseRam 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."
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WhiteHorseRam reacted to i-Ram in The Administration Thread
Of course, but Ashley who has great experience of this process in his many lines of business, won’t 1) have a great operating loss to overcome, and 2) he won’t pay more than the figure he wants to pay.
1) With debts removed, our current wage bill, and say a £25k average attendance through the season I bet we would not be far from from breaking even with the odd player sale now and again from the academy to keep us in check. Obviously tier 2 football will mean squad changes/further cost cutting, but I am still not ruling out the Great Escape (starting with another 3 points on Saturday).
2) Whatever he is prepared to pay will to be covered all creditor claims, and a completely clean exit. He isn’t going to leave himself exposed to contingent claims after exit.
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WhiteHorseRam got a reaction from Abu Derby in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from Ramarena in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from i-Ram in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from IslandExile in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from Sparkle in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from Indy in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from ariotofmyown in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from Crewton in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from Kathcairns in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam got a reaction from JoetheRam in The Administration Thread
I am no football finance expert, but my view is if M'boro and Wycombe get any cash out of us football could well be doomed.
This would set a precedent. Anytime a club doesn't win the FA Cup, fails to qualify for the Champions League, gets relegated or misses out on promotion, a serious and prolonged legal effort would ensue.
Why would you not? Membership of the PL or the Champions league is mega bucks and worth a few million to get some suits in.
The situation would deteriorate into something akin to League level VAR, but with accountants and lawyers rather than sweaty nervous refs and screens.
I don't want us to pay any money to these two clubs. I especially don't want to pay any money, are strong-armed into it to get a new buyer, to avoid going down the drain.
If, however, we have to pay compo, I want to see ALL dodgy dealings across all leagues equally scrutinized and compo paid to any aggrieved parties.
Going back to 1945 - that would be fair.
And while you are at it, why not explore the origins of ALL money spent and churned through the game. I would love to see where some PL clubs money comes from. Also, who owns what, interest rates on loans, loans to share holders, etc.
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WhiteHorseRam reacted to Sparkle in Alan Nixon Breaks Silence on American Billionaire Bid
It would be a disaster for the EFL and the whole of football in the country - then again the owner of Sheffield United sued West Ham United successful for between £5-£10 million over the Tevez affair. The money went into the owners pocket and not Sheffield United.
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WhiteHorseRam reacted to The Key Club King in Alan Nixon Breaks Silence on American Billionaire Bid
I think it's the validation process that is the problem in terms of delaying the whole process. They will not win against us in court but to delay the sale of the club will do untold damage. I assume that is why the admins are having to negotiate with them.
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WhiteHorseRam got a reaction from jimtastic56 in Would our current squad challenge for promotion from League One?
I don't know where we will be once the dice have stopped rolling, although it now seems to be more of a rolling car.
If we go down the squad will be completely unrecognizable by this time next year.
At this rate will be ransacked in the January transfer window.
For me right now success will look like League One mid-table respectability with a sensible owner watching the pennies.
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WhiteHorseRam reacted to sage in Would our current squad challenge for promotion from League One?
It's irrelevant. Due to age and finances this won't be our squad.
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WhiteHorseRam reacted to Crewton in Wycombe Consider Legal action (again)
LOL, yes, it's a dump in the heart of some truly beautiful English countryside. TBF I don't think most Wycombe fans support cowboy Rob's approach but inevitably if they think they might get some money out of it they won't care.
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WhiteHorseRam reacted to BucksRam in Wycombe Consider Legal action (again)
Well there is the Wycombe Swan, the Eden Shopping centre,.....oh, and chairs. But yeah, I get you.
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WhiteHorseRam got a reaction from Ted McMinn Football Genius in Wycombe Consider Legal action (again)
Have you ever been to High Wycombe?
There is nothing else to talk about.
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WhiteHorseRam reacted to Crewton in Wycombe Consider Legal action (again)
EXACTLY.
As someone else pointed out, the only reason that Wycombe even finished 3rd from bottom and not 2nd from bottom is because Sheffield Wednesday were deducted 6 points last season and not the season before - which was the decision of an independent tribunal. If a court or tribunal were to decide that Derby should have had a points deduction last season, they'd have to consider whether SWFC should have had theirs the season before - and then whether Charlton would have a claim. It's ludicrous.
Any half competent lawyer would blow Wycombe's claim out of the water in a jiffy.
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WhiteHorseRam got a reaction from i-Ram in Alan Nixon Breaks Silence on American Billionaire Bid
It won't happen
The EFL will block it.
They don't want us to have nice things.
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WhiteHorseRam got a reaction from Ellafella in Alan Nixon Breaks Silence on American Billionaire Bid
It won't happen
The EFL will block it.
They don't want us to have nice things.