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Derby County Administration (with the slight possibility of Liquidation still there)


therams69

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On 22/09/2021 at 19:35, RoyMac5 said:

They actually quote Mel pointing out Boro 'cheated' to get promoted "The sale of fixed assets is allowed in the rules. In 2016 a club [Boro] got promoted who chose to sell the tax loss from the football club to the parent company, because that then makes it revenue which is a positive towards profit, to help remain within Financial Fair Play."

Previously they say this about Gibson: "Middlesbrough's dispute with Derby has been ongoing for more than two years. Steve Gibson, the Middlesbrough chairman, has been a passionate and outspoken supporter of Financial Fair Play - now known as the Football League's Profit & Sustainability rules - and has previously accused rival clubs of “cheating” in order to try and secure promotion to the Premier League."

I mean seriously, wtf! I thought clubs weren't supposed to take legal action against each other according to EFL regs?

Teeside Gazette

The problems just keep piling up for Derby County.

After entering administration this week, the Rams were deducted 12 points and plummeted to the bottom of the Championship. Another nine points could yet be deducted for breaching EFL rules. And there could be a further hit if administrators can't pay wages.

And on top of those issues, Boro are pressing on with a legal case to sue Derby for alleged financial breaches.

As I understand it its against the regs for him to do this and was the idea behind the EFL taking it up.  This rooster is going to be to be a millstone round our neck till the EFL do there job and put him back in his box once and for all, or he drops dead. 

 

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46 minutes ago, Sparkle said:

Probably not - anyway Trevor Birch of the EFL just said we agreed to the 3 point suspended penalty for not paying our players for two weeks when the sale didn’t go through in January so we couldn’t complain what the other team got for not paying players for four months ( Sheffield Wednesday) I did say when that was announced that the wording was important - anyway if the administrator accepts a 9 point deduction expect a different penalty for Reading FC in comparison to our potential breach 

But someone else has posted on here that the points penalty is specifically related to the debt over the three years.

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47 minutes ago, Tamworthram said:

I suspect you’ll find most, if not all, professional footballers have an innate desire to win every game they play in regardless of pointless it may seem. Also, from a personal perspective, I would imagine they will want to impress in order to enhance their chances of a more favourable transfer.

I know nothing about Derby County Contracts etc. I agree that players have an innate desire to succeed and that they may play for contracts elsewhere.  But there comes a point when they have another club lined up and start protecting their future interests.  I know the squad may be carrying some big contracts but there are also some who have to be paid off as well.  So it's a mixed bag of commitment.  If a couple have the hump then you'll be playing with 9 committed players.  

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2 hours ago, Elwood P Dowd said:

The EFL will argue that if Covid was the Sole event that drove Derby into administration why didn’t it have the same effect on other clubs !

it a good argument.

 

It's not an argument at all. How did covid affect Derby , not how did it affect other clubs. And the fact that EFL gave a loan to other clubs but not Derby doesnt help EFL's case if that is what it is anyway.   

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1 hour ago, Elwood P Dowd said:

Then Covid is just a contributing factor to the clubs demise, that word SOLEY in the EFL rules has been drafted to make the force Majeur event the single one event that is wholly attributable to the clubs fall into administration.

 

Where does it say SOLELY in the EFL Rules?

 

Wigan's administrators brought a force majeure defenceand lost.. but this is what the tribunal said..

"We reject the submission of Mr Taylor QC that there were other, also effective, causes,
including the significant increase in the Club’s players’ wages and on transfers. That
these made the Club increasingly dependent on the owner’s continuing support is clearly
true. But so long as that support continued, the ship would have stayed afloat. It was
only when the owner pulled the plug that it sank."

 

So the overspend by Derby on wages etc may have contributed but were not the cause. In Wigan's case the owner withdrew support 7 days after taking over. So they were on a loser. Derby have a much strongr force majeure case, especially as it was MSD , not the owner, who filed for administration, so that was outside the control of the owner.

 

 

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8 minutes ago, Crewton said:

The Administrators have certainly upset our friends in Britain's Slavery Capital. They think the positive noises are "simply PR". 

Well done lads ? 

Did Bristol rovers superfan Mr. P find he just lost his stoner whist he listened to the administrators? all revved up with his favorite sock and then the talk of confident, future, going forward and he just couldn't perform...........

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We've got a 12 point deduction due to going into administration. We are expecting a further points deduction from the financial fair play charges. 

The question is, when will the EFL impose this second points deduction? 

Will it be immediately after the charges are proved

Will the EFL wait to see where we look like finishing in the league before implementing the points deduction.

Or will they suspend the points penalty until next season, to prolong our punishment

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11 minutes ago, PistoldPete said:

Where does it say SOLELY in the EFL Rules?

 

Wigan's administrators brought a force majeure defenceand lost.. but this is what the tribunal said..

"We reject the submission of Mr Taylor QC that there were other, also effective, causes,
including the significant increase in the Club’s players’ wages and on transfers. That
these made the Club increasingly dependent on the owner’s continuing support is clearly
true. But so long as that support continued, the ship would have stayed afloat. It was
only when the owner pulled the plug that it sank."

 

So the overspend by Derby on wages etc may have contributed but were not the cause. In Wigan's case the owner withdrew support 7 days after taking over. So they were on a loser. Derby have a much strongr force majeure case, especially as it was MSD , not the owner, who filed for administration, so that was outside the control of the owner.

 

 

see clause 12.10.2

but only only on the ground that the relevant insolvency event(s) arose solely…..

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6 minutes ago, PistoldPete said:

Ok but see above.. other contributory factors were discounted in the wigan case.

I don’t want Derby to get Points deducted but ask yourself this, of all the 72 clubs why is it only Derby that Covid has driven into administration.

Remember that not all clubs took up or were eligible for the EFL loan.

I simply think its unlikely that Derby’s Challenge will be successful for the reasons I have previously given.

 

 

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7 minutes ago, Elwood P Dowd said:

I don’t want Derby to get Points deducted but ask yourself this, of all the 72 clubs why is it only Derby that Covid has driven into administration.

Remember that not all clubs took up or were eligible for the EFL loan.

I simply think its unlikely that Derby’s Challenge will be successful for the reasons I have previously given.

Slightly better management?  Luck or a similar path of make-believe at best?  Or perhaps the others are better at covering their tracks.

 

 

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36 minutes ago, 1of4 said:

We've got a 12 point deduction due to going into administration. We are expecting a further points deduction from the financial fair play charges. 

The question is, when will the EFL impose this second points deduction? 

Will it be immediately after the charges are proved

Will the EFL wait to see where we look like finishing in the league before implementing the points deduction.

Or will they suspend the points penalty until next season, to prolong our punishment

If EFL want to ENSURE we are relegated they will need to do it this season. Assuming we carry on current form it will be close.

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9 minutes ago, Elwood P Dowd said:

I don’t want Derby to get Points deducted but ask yourself this, of all the 72 clubs why is it only Derby that Covid has driven into administration.

Remember that not all clubs took up or were eligible for the EFL loan.

I simply think its unlikely that Derby’s Challenge will be successful for the reasons I have previously given.

 

 

You really don’t get it do you … logic, progression. 
 

sure Derby have to prove it .. 

But if you can show you were stable and motoring along at 3000 RPM and everyone knows the the engine will  only blow up at 4000 rpm 

Then there is Another club stable at 2500 RPM with the same blow up 4,000 rpm 

Covid blows nitro in to both  engines,  such that it adds  1001 RPM to the pair of them …

Your engine blows up because of Covid .. A N other club doesn’t 

That doesn’t stop Covid being the sole cause of your engine failure 

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11 minutes ago, Dean (hick) Saunders said:

If EFL want to ENSURE we are relegated they will need to do it this season. Assuming we carry on current form it will be close.

If we are being given another points penalty then we want them this season, we want to start with zero points, like everyone else, whatever league we are in . ????

 

Edited by Elwood P Dowd
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48 minutes ago, 1of4 said:

We've got a 12 point deduction due to going into administration. We are expecting a further points deduction from the financial fair play charges. 

The question is, when will the EFL impose this second points deduction? 

Will it be immediately after the charges are proved

Will the EFL wait to see where we look like finishing in the league before implementing the points deduction.

Or will they suspend the points penalty until next season, to prolong our punishment

Birch said in his interview they will apply to this season and that they want to resolve it quick with the administrators. The administrators have also said they want it done before new owners come in. John Percy has said the administrators are expected to reluctantly accept the 9pt deduction.

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