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Embargo.


simmoram1995

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16 minutes ago, Spanish said:

Do you think the court option will bring a speedy result?  Consider also that the result will be appealed, another year with 2 sets of fixtures.

Which is why we'd seek injunctive relief in the interim due to the damage the lengthy embargo(es) have caused the club & the conduct of the EFL in being 'content' with the status quo as a substanial indirect punishment. It should also enable Rooney to bring in a few free transfers/loans & end the grotesque situation where he can't play youth players who haven't made their debut or aren't scholars (like Cashin/Thompson)

The court process can then trundle on in the background but I fail to see how it could be any slower than this. We were originally charged by the EFL in December 2019 & there is seemingly still no prospect of a breakthrough.

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25 minutes ago, Charlotte Ram said:

No reason whatsoever except that could blow up the negotiations with the EFL,Mel will be acting under legal advice, which can be summed up as " you do not show your hand to the other players if you are playing poker before betting"

Maybe, but if we are clear it puts pressure on the EFL to actually act or withdraw 

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7 hours ago, Sparkle said:

Expensive and generally broken - at least we seem to be bringing ones that might last the distance and have the much needed desire or they wouldn’t be here.

He would be out for 6 months injuring himself with the signing on pen..

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1 hour ago, Woodley Ram said:

its all odd, we have either breached FFP or we havnt . If we have, the points deduction per amount overspent is pre defined so we should know what it is. Perhaps the fact we can appeal is the problem with both discussing an amount that is exceptable to both (so we dont appeal). If it isnt that then what is going on and will we ever know?? 

Schrödinger's breach?

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4 hours ago, hintonsboots said:

Agreed. If any breach of the rules was clear cut a defined points penalty would apply, and would have been dished out already.If It’s the EFL telling Mel he’s been a very naughty boy not sticking to straight line amortisation and other clubs don’t like it, then leave it it Nick DM’s hands. Personally I would love to see the EFL dragged through the civil courts.

so would I and hopefully we could sue for substantial damages covering the period where they have crippled our football business (obviously if we have done nothing that actually breaks the rules - wheich it appears we havent).

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2 hours ago, Unlucky Alf said:

Scenario

1. EFL have seen the accounts, Had them scrutinised and found no wrongdoing.

If the above is correct then why the carry on?

2. EFL have seen the accounts, Found we have overspent and give DCFC a points deduction

If the above is correct why have they not found us guilty and published so we can move forward

3. Why would the EFL negotiate with DCFC if they are right?

If the above is correct surely they would hit us where it hurts

4.We've only overspent marginally and the points penalty is up for negotiation

MM believes the EFL have already had their blood out of DCFC so MM refuses to accept ANY points deduction

5.Is it possible that DCFC can go to a court and sue for restriction of trade

 

 

I thought that redress through the courts isn't allowed as per the rules you have to abide bt when becoming a member of the EFL,only by appeal as designated by the EFL and clubs that attempt to go through the judiciary system could face expulsion from the league.

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1 minute ago, atherstoneram said:

I thought that redress through the courts isn't allowed as per the rules you have to abide bt when becoming a member of the EFL,only by appeal as designated by the EFL and clubs that attempt to go through the judiciary system could face expulsion from the league.

Utterly depends on the reasoning and there is always CAS 

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I think the negotiation part will be because we have breached p&s but the efl know we would appeal an immediate 12pt deduction on the basis the accounts were approved & dealings after that were done in this knowledge & we cannot retrospectively sell a player to recoup the money etc

So we have breached but cant do anything about it now as it was based off old accounts, the efl know this, so it just makes sense to negotiate the punishment rather than them issue it & us likely appeal just make it all drag on much longer.

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1 hour ago, atherstoneram said:

I thought that redress through the courts isn't allowed as per the rules you have to abide bt when becoming a member of the EFL,only by appeal as designated by the EFL and clubs that attempt to go through the judiciary system could face expulsion from the league.

 

1 hour ago, Sparkle said:

Utterly depends on the reasoning and there is always CAS 

Maybe CAS is the right/only option in our case. 

Depends on our appetite and funds for such a fight.

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22 hours ago, LeedsCityRam said:

Which is why we'd seek injunctive relief in the interim due to the damage the lengthy embargo(es) have caused the club & the conduct of the EFL in being 'content' with the status quo as a substanial indirect punishment. It should also enable Rooney to bring in a few free transfers/loans & end the grotesque situation where he can't play youth players who haven't made their debut or aren't scholars (like Cashin/Thompson)

The court process can then trundle on in the background but I fail to see how it could be any slower than this. We were originally charged by the EFL in December 2019 & there is seemingly still no prospect of a breakthrough.

We can't even loan them out as a game for any team would instantly make the 'of professional standing'.Going Crazy Homer Simpson GIF

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1 hour ago, Carl Sagan said:

What is the PFA doing about this? It's a totally absurd state of affairs having a massive detrimental affect on its members.

Pouring its resources into defending p...heads against unfair dismissal charges. 

There's only so much saintly posturing Gordon Taylor can manage before inserting his snout firmly back into the trough.... ?

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On 14/09/2021 at 14:28, DCFC1388 said:

12 points is probably the maximum like you say, looks like their opening position is actually 9 with 3 suspended so slightly below the max. I still feel like we will end up with a 3 point deduction with 3 suspended.

Could be they are trying to convince Boro , PNE and the rest of the EFL that they tried as hard as they could and have not wasted their money. Playing to the crowd springs to mind

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