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PistoldPete
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PistoldPete got a reaction from 48 hours in Derby finally accept 21 point deduction.
Thanks van, I appreciate your comment wasn't responding to me, and that I am weighing in.. as I tend to do!
The stakes are very high, it's not just relegation to League One but potentially banishment from EFL altogether if the holding company is liquidated. EFL wil claim that Derby's liquidation was due to reckless spending and not due to covid, and will try and play the morality card when dishing out further punishment. But your last sentence is not how it works.
The administrators are profesional people , and so are the lawyers involved. There is no way they would bring a hopeless case just on the off chance it may succeed. They will believe, based on professional opinion, that they have a good chance of success.
Those who criticise or even mock Derby (not you of course) for raising the covid issue are just talklng out of their backsides. Did anyone criticse Wigan for raising it, even though they had a much weaker case than Derby?
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PistoldPete got a reaction from Hector was the best in Derby finally accept 21 point deduction.
You cannot compare click and collect takeaways with the closure of a football stadium for 18 months.
I have not said our case is watertight … only that it is 100% certain that COVID/lockdown are Force Majeure events per the EFl rules .
whether we win the case will depend on whether we can prove on balance of probabilities that COVID caused the administration .
The case is being brought on our behalf by a firm of insolvency practitioners. They, unlike keyboard warrior critics like Mr Plop and maguire) are very well placed to say what caused the insolvency event , especially if Mel is a witness and supports their claim.
in Wigan’s case their former owner didn’t even want to give evidence to help them. And put them into admin days after taking over. So we should have much better chance than Wigan.
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PistoldPete got a reaction from Hector was the best in Derby finally accept 21 point deduction.
Did no-one tell the EFL that the club is up for sale, and that the buyers will provide the funding? Isn't that the point of what the administrators are doing? And every prospective buyer has at least £5 million sitting in a bank account? What more do the EFL expect the administrators to do?
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PistoldPete got a reaction from Hector was the best in Derby finally accept 21 point deduction.
I think he complained in 2018 and the EFL ignored him. Then suddenly in late 2019/ early 2020 the amortisation issue gets raised by the EFL again.. three years after the notes to the accounts of 2015/16 had explained it. Why did it take so long, and why did the EFL suddenly start listening to Maguire?
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PistoldPete got a reaction from Indy in Derby finally accept 21 point deduction.
Thanks van, I appreciate your comment wasn't responding to me, and that I am weighing in.. as I tend to do!
The stakes are very high, it's not just relegation to League One but potentially banishment from EFL altogether if the holding company is liquidated. EFL wil claim that Derby's liquidation was due to reckless spending and not due to covid, and will try and play the morality card when dishing out further punishment. But your last sentence is not how it works.
The administrators are profesional people , and so are the lawyers involved. There is no way they would bring a hopeless case just on the off chance it may succeed. They will believe, based on professional opinion, that they have a good chance of success.
Those who criticise or even mock Derby (not you of course) for raising the covid issue are just talklng out of their backsides. Did anyone criticse Wigan for raising it, even though they had a much weaker case than Derby?
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PistoldPete got a reaction from Van der MoodHoover in Derby finally accept 21 point deduction.
Thanks van, I appreciate your comment wasn't responding to me, and that I am weighing in.. as I tend to do!
The stakes are very high, it's not just relegation to League One but potentially banishment from EFL altogether if the holding company is liquidated. EFL wil claim that Derby's liquidation was due to reckless spending and not due to covid, and will try and play the morality card when dishing out further punishment. But your last sentence is not how it works.
The administrators are profesional people , and so are the lawyers involved. There is no way they would bring a hopeless case just on the off chance it may succeed. They will believe, based on professional opinion, that they have a good chance of success.
Those who criticise or even mock Derby (not you of course) for raising the covid issue are just talklng out of their backsides. Did anyone criticse Wigan for raising it, even though they had a much weaker case than Derby?
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PistoldPete got a reaction from kevinhectoring in Derby finally accept 21 point deduction.
Did no-one tell the EFL that the club is up for sale, and that the buyers will provide the funding? Isn't that the point of what the administrators are doing? And every prospective buyer has at least £5 million sitting in a bank account? What more do the EFL expect the administrators to do?
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PistoldPete got a reaction from Derby4Me in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
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PistoldPete got a reaction from Woodley Ram in Derby finally accept 21 point deduction.
The phrase "could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
refers to the Force Majeure Event, ie covid / lockdown. There is no argument worth having to say that Derby could have used due diligence to avoid either of those related events happening.
There is another event defined in the EFL Rules .. the insolvency event . And Derby's case is that one event The force Majeure Event caused the other Event , the insolvency event.
None of what you say can possibly refute the fact that covid and lockdown are jointly and separately Force Majeure Events within the definition of the EFL Rules. What i think you are saying is that Derby should have used due diligence to avoid an insolvency event, notwithstanding the COVID event happening.
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PistoldPete got a reaction from Mucker1884 in Derby finally accept 21 point deduction.
Did no-one tell the EFL that the club is up for sale, and that the buyers will provide the funding? Isn't that the point of what the administrators are doing? And every prospective buyer has at least £5 million sitting in a bank account? What more do the EFL expect the administrators to do?
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PistoldPete got a reaction from Tamworthram in Derby finally accept 21 point deduction.
You cannot compare click and collect takeaways with the closure of a football stadium for 18 months.
I have not said our case is watertight … only that it is 100% certain that COVID/lockdown are Force Majeure events per the EFl rules .
whether we win the case will depend on whether we can prove on balance of probabilities that COVID caused the administration .
The case is being brought on our behalf by a firm of insolvency practitioners. They, unlike keyboard warrior critics like Mr Plop and maguire) are very well placed to say what caused the insolvency event , especially if Mel is a witness and supports their claim.
in Wigan’s case their former owner didn’t even want to give evidence to help them. And put them into admin days after taking over. So we should have much better chance than Wigan.
-
PistoldPete got a reaction from Ram-Alf in Derby finally accept 21 point deduction.
You cannot compare click and collect takeaways with the closure of a football stadium for 18 months.
I have not said our case is watertight … only that it is 100% certain that COVID/lockdown are Force Majeure events per the EFl rules .
whether we win the case will depend on whether we can prove on balance of probabilities that COVID caused the administration .
The case is being brought on our behalf by a firm of insolvency practitioners. They, unlike keyboard warrior critics like Mr Plop and maguire) are very well placed to say what caused the insolvency event , especially if Mel is a witness and supports their claim.
in Wigan’s case their former owner didn’t even want to give evidence to help them. And put them into admin days after taking over. So we should have much better chance than Wigan.
-
PistoldPete got a reaction from Tamworthram in Derby finally accept 21 point deduction.
Did no-one tell the EFL that the club is up for sale, and that the buyers will provide the funding? Isn't that the point of what the administrators are doing? And every prospective buyer has at least £5 million sitting in a bank account? What more do the EFL expect the administrators to do?
-
PistoldPete got a reaction from I know nuffin in Derby finally accept 21 point deduction.
I think he complained in 2018 and the EFL ignored him. Then suddenly in late 2019/ early 2020 the amortisation issue gets raised by the EFL again.. three years after the notes to the accounts of 2015/16 had explained it. Why did it take so long, and why did the EFL suddenly start listening to Maguire?
-
PistoldPete got a reaction from Andicis in Derby finally accept 21 point deduction.
The phrase "could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
refers to the Force Majeure Event, ie covid / lockdown. There is no argument worth having to say that Derby could have used due diligence to avoid either of those related events happening.
There is another event defined in the EFL Rules .. the insolvency event . And Derby's case is that one event The force Majeure Event caused the other Event , the insolvency event.
None of what you say can possibly refute the fact that covid and lockdown are jointly and separately Force Majeure Events within the definition of the EFL Rules. What i think you are saying is that Derby should have used due diligence to avoid an insolvency event, notwithstanding the COVID event happening.
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PistoldPete got a reaction from I know nuffin in Derby finally accept 21 point deduction.
Did no-one tell the EFL that the club is up for sale, and that the buyers will provide the funding? Isn't that the point of what the administrators are doing? And every prospective buyer has at least £5 million sitting in a bank account? What more do the EFL expect the administrators to do?
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PistoldPete got a reaction from Oldben in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
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PistoldPete got a reaction from Indy in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
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PistoldPete got a reaction from Reggie Greenwood in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
-
PistoldPete got a reaction from r_wilcockson in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
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PistoldPete got a reaction from The Scarlet Pimpernel in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
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PistoldPete got a reaction from I know nuffin in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
-
PistoldPete got a reaction from Ram-Alf in Derby finally accept 21 point deduction.
Force Majeure is defined in the EFL Rules as follows:
"For the purposes of this Regulation 12, a ‘Force Majeure’ event shall be an event that, having
regard to all of the circumstances, was caused by and resulted directly from circumstances,
other than normal business risks, over which the Club and/or Group Undertaking (as the case
may be) could not reasonably be expected to have control and its Officials had used all due
diligence to avoid the happening of that event"
As I say there is no question that COVID fits that description.
Oh and if you are listening to Maguire podcasts, he is an EFL stooge. Do not believe a word that he says.
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PistoldPete got a reaction from jimtastic56 in Rams vs Preston (A) Matchday Thread
And Waggy bound to score.
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PistoldPete got a reaction from alexxxxx in Derby finally accept 21 point deduction.
There is no question on the second point.. COVID is definitely a force majeure event as it is described in EFL Rules. Also I think Derby will show that administration would not have happened if not for covid. Whether Derby/ Mel Morris did enough to prevent admin happening is another more difficult issue I think.