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EFL charge Derby over ffp


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1 hour ago, reverendo de duivel said:

Stephen Pearce you mean?

Asleep at the financial wheel while Sam Rush was supposedly running amok, not noticing the so called breaches of Fiduciary duties that saw Sam eventually depart without a stain on his character, despite Mel saying he couldn't wait to see him in court, and his then job as CFO meaning he should be across the details of player contracts, financial outgoings etc?

The fella who once promoted to CEO, rocked up supping a beer at multiple fan forums (what happened to those btw?), assuring us that everythings tickety boo when it comes to money?

Tight, but in his expert fiddely hands what could go wrong?

 

 

 

 

 

 

 

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3 minutes ago, Curtains said:

They indicated it was in accordance.

I can see the lawyers arguing about this one .

It could go on for years 

accordance in British English

(əˈkɔːdəns )

noun1. 

conformity; agreement; accord (esp in the phrase in accordance with)

2. 

the act of granting; bestowal

accordance of rights

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7 minutes ago, papa_lazarou said:

This statement says it all in a nutshell:-

Derby said in September they “adhered to the profit and sustainability rules” over the sale of Pride Park. “The stadium was subject to an independent professional valuation before sale, nearly 18 months ago, and the EFL indicated in writing the arrangement was in accordance with its rules and regulations,” the club’s statement said. “The EFL cannot now, long after approving the arrangements, suggest Derby County breached the rules.”

How the flying f£@k! Can the EFL now win this in any kind of professional process? They indicated in WRITING it was in accordance with its rules and regulations.

It's a farce!

 

They indicated it was in accordance.

I can see the lawyers arguing about this one .

It could go on for years 

 

It is a farce I agree but unfortunately they can dock us points and we would then appeal the case which could take along time and cost a lot of money 

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1 minute ago, Millenniumram said:

Improving the facilities doesn’t count towards FFP I don’t believe, certainly not the youth expenditure if I remember correctly. Sure the fans want players bringing in, but I’m sure they don’t want them bringing in if they knew it was gonna push us over FFP. We don’t have access to that information, so of course we’re gonna want signings without that knowledge. But if the club is run correctly, they should know exactly where we stand with respect to FFP, and whether making a signing is a good idea or not. They’ve clearly got our FFP forecast incorrect if they believed we could afford all the wages etc that we’ve paid out, given we’re now so far over the limit without the stadium sale. 

If you told me that a signing was gonna push us over FFP, then I’d be on the transfer thread saying no transfers this window. That’s correct. But without that knowledge prior to today, of course I’m not going to be saying that!

MM and Pearce said at a forum nearly a year ago that we were right on the limits of FFP and that was repeated on this forum. 

Are you suggesting you had no idea that we may be close to FFP limits?

If you are I'd suggest it's not MM and Pearce that are the liars.

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7 minutes ago, 86 Schmokes & a Pancake said:

Frankly I'm more irked by the fact that half the folks slagging off the chairman now were the exact same folk bragging on his business acumen at the time of the stadium sale. 

I sort of laughed about it at the time, but it's a situation we never should have been in. Whether or not anything comes of this, it's yet another off-the-pitch distraction that isn't necessary. 

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10 minutes ago, Curtains said:

That’s the issue did they ever sign it off. 

It could also be that the issue of common ownership of the two parties was not signed off whilst the valuation was. Hence EFL see it as a bit of an internal scam as a way of Mel sticking more cash in to solve the problem.... which of course it was.

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5 minutes ago, Van Cone De Head said:

https://www.telegraph.co.uk/football/2020/01/16/Derby-county-faces-possible-points-deduction-efl-charges-club/
 

Apologies if I’ve missed this but I’m trying to deal with real life away from DCFC as well.

EFL saying PP worth 50 million?

Which is weird, because wouldn't that still put us within the FFP limits for the 3 year period covered?

If we had a loss over that period of £8m with the £80m stadium sale, wouldn't that only put the loss at £38m and still within the three year allowed losses of £39m even with the lower value?

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4 minutes ago, Ramleicester said:

If other clubs racked up massive debts then sold the stadium to cover them then yes. Not in law but under their own governance. FFP is not law it is the rules of a competition.

I may be wrong but has it ever been 100% clear and proven that the EFL 'signed it off'. If they did this action would surely not be happening as three year losses for the period were well within FFP. A lot of 'we understand the EFL were aware' comments but can't see much more than that in terms of confirmation.

 

 

I am referring to contract law and the requirement to implement the FFP rules and regulations evenly. It should also apply to those clubs that have sold the ground for nominal sums, and those that lease their grounds for nominal sums.

IF the EFL did sign off the sale, but have now decided they don’t like it, they would have to look into all previous transactions under their jurisdiction.  FFP is not law, but it is fundamentally a contract of entry into the EFL and is therefore governed under contract law for which civil cases can be invoked. 

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3 minutes ago, Ramleicester said:

It could also be that the issue of common ownership of the two parties was not signed off whilst the valuation was. Hence EFL see it as a bit of an internal scam as a way of Mel sticking more cash in to solve the problem.... which of course it was.

But 90% (a made up figure because I can’t be arsed to get the real one) of clubs have holding companies that own their grounds?

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Oh jeez. I'll come back to this thread tomorrow when I have a bit time. Please guys, keep it under 50 pages...

If DCFC would be a person, it would certainly have a stamp of Drama Queen on one's forehead.

Anyway, this is very much a popcorn time. It's either the club or EFL, who'll not come out of this clean. I hate how EFL has done their job, so hope it's them. Then again, if the club is seen guilty, I don't mind Mel getting a proper fingerslap as he is the mastermind behind the draama queen behaviour.

Win-win-situation to me. This tawny portwine really is showing the better sides of life!

Cheers to all you miserable buggers tonight!

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1 hour ago, Andicis said:

''Terrible'' haha. He's made a few mistakes, he's not been terrible at all. People blame Mel for the signings, and I don't understand why. He's never failed to back a manager with money to spend. He's made some bad managerial appointments, but most of that was a few years ago now. We haven't been proven to be guilty of breaching FFP, what else has he done that is terrible? I think you're just thriving off the negativity, as per usual for you.

People blame Mel for the signings because he’s left the same incompetent recruitment team in charge for so long, despite failure after failure in the window. People blame him for the signings because we seem to have a poorly organised scouting system, evidenced by the fact we don’t even scout abroad. That’s just mental for a team at our level. And Mel has the power to change that. No one is questioning that he’s backed his managers. As I say, no one can say his heart is in the right place. The problem is that it’s all been for nothing, because we’re so poorly run we’ve ended up in this mess despite all the money. 

The managers have been a few years ago? You think Rowett was well suited to succeed Mcclaren? You think Cocu is well suited to replace Lampard, on a 4 year deal?! I don’t think he’s learned at all. Lampard to Cocu is like Mcclaren back to Clough in football philosophies. There’s no consistency, and it’s killing us. That’s down to Mel. We haven’t been found guilty of breaching FFP, but how the hell are we in the mess of needing to sell our stadium in the first place? Who’s keeping an eye on the finances? 

I don’t thrive off negativity, I’d rather be talking about positive things. Just sadly there’s very little this season that’s been poistive, other than the youngsters who I’ve praised extensively in other threads. I mean look at where Mels money has got us. 17th in the table or wherever we are, with our most valuable players including Tom Lawrence and the always injured Jack Marriott. I’m sorry, but Mel has taken us backwards, it’s as simple as that. He, and the board, have not run this club very well, or with the money we’ve put in we’d be promoted by now.

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48 minutes ago, Andicis said:

The drink driving was not the club's fault. Spygate? Really? You're reaching so ducking hard for something to hit us with, crikey. Was the drone thing ever proven to be true? The only thing this highlights is that you're desperately scrambling with anything to paint your narrative that we're badly run. 

If you don’t think that players being involved in a drink drive incident, posting themselves on social media being sick in the toilets and the club captain crippling himself after his team mate wrapped his car round a lampost on a weeknight before an important game following a poor run of form is indicative of a poor club culture and poor set up you’re in complete denial. 
 

Go and look back in the news articles relating to Derby county over the last 18 months and tell me how many of those are positive stories. . . our name is mud and nationally we are a laughing stock, we are one of the most hated teams in the league. 

if you think this is well run I’d hate to think what you feel is the opposite! 

 

 

 

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1 minute ago, R@M said:

I am referring to contract law and the requirement to implement the FFP rules and regulations evenly. It should also apply to those clubs that have sold the ground for nominal sums, and those that lease their grounds for nominal sums.

IF the EFL did sign off the sale, but have now decided they don’t like it, they would have to look into all previous transactions under their jurisdiction.  FFP is not law, but it is fundamentally a contract of entry into the EFL and is therefore governed under contract law for which civil cases can be invoked. 

This is not being heard in a court but by a disciplinary panel. Contract law would apply if either party broke a contract between the two parties. Eg.if they were fined but DCFC told the EFL to do one. Thats why they use points deductions.

If you read the DCFC statements at the time the approval seems to relate to the valuation. Still think the issue could be the common ownership of the parties involved. It states that in the accounts and kind of looks like an internal dodge as a result.

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6 minutes ago, DarkFruitsRam7 said:

I sort of laughed about it at the time, but it's a situation we never should have been in. Whether or not anything comes of this, it's yet another off-the-pitch distraction that isn't necessary. 

Just nailed it there and time will tell whether said distraction carries any weight or legal substance at all. I'm trying not to join in with all the self-appointed legal beagles on here who have already judged Mel guilty but if there bare facts are all there is to the case, why did the EFL sign off on our accounts in the first place? Seems to me this unwelcome distraction is as a result of the EFL not Mel or the board of directors and it may well be proven to be unnecessary as you say. We've not conducted ourselves like LEicester, Bournemouth, Villa or QPR IMO, so all the finger-pointing seems hopelessly premature to me.

 

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17 minutes ago, G STAR RAM said:

MM and Pearce said at a forum nearly a year ago that we were right on the limits of FFP and that was repeated on this forum. 

Are you suggesting you had no idea that we may be close to FFP limits?

If you are I'd suggest it's not MM and Pearce that are the liars.

I knew we’d be close, but if we’re talking about making signings then why would I assume we don’t have the finances to do so?  We’ve said we wanted to make signings this window. I took that as meaning we’ve got enough wiggle room to make a couple of signings. I’ve never once asked for tens of millions to be spent this window, because you should be able to get decent players without doing so. Brentford do, so why can’t we? I’ve never once been in the knowledge that we were over the limit according to the EFL so we can’t actually afford to spend anything. Not until today. No one has, other than those in the club potentially.

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