Ghost of Clough Posted July 4, 2022 Share Posted July 4, 2022 51 minutes ago, Unlucky Alf said: I don't want to open a closed wound if it's closed...is it over and if it is...where has this been reported or is it that as we're now under new ownership WW can not pursue a case in court ?♀️ When we were administration they were not allowed to lodge a claim. Now we're out, their chancer of a chairman will probably try. But, it is such a weak claim nothing will come of it Ram-Alf 1 Link to comment Share on other sites More sharing options...
DavesaRam Posted July 4, 2022 Share Posted July 4, 2022 (edited) 1 hour ago, TheresOnlyWanChope said: Agreed, doubt Wycombe can launch a successful claim. Derby have ownership now and any decent lawyer will bat it off. They are dreaming of extorting money- times gone now. Now we are out of administration Wycombe win’t be able to use the EFL kangaroo court against us, so will have to take it to a real court. And all that will do us give the judiciary their biggest laugh in ages. Bring it on, Wycombe man. Edited July 4, 2022 by DavesaRam jono 1 Link to comment Share on other sites More sharing options...
Mucker1884 Posted July 4, 2022 Share Posted July 4, 2022 2 minutes ago, DavesaRam said: Now we are out of administration Wycombe win’t be able to use the EFL kangaroo court against us, so will have to take it to a real court. And all that will do us give the judiciary their biggest laugh in ages. Ring it on, Wycombe man. I thought the rule was "No taking fellow members to courts of law. Call the EFL, and we'll set aside a private and neutral room in Preston to sort it out between ourselves"! ?♂️ Link to comment Share on other sites More sharing options...
StaffsRam Posted July 4, 2022 Share Posted July 4, 2022 Given that David Clowes is in construction, can he give Lionel Hutz the Jimmy Hoffa treatment….? Link to comment Share on other sites More sharing options...
angieram Posted July 4, 2022 Share Posted July 4, 2022 12 minutes ago, StaffsRam said: Given that David Clowes is in construction, can he give Lionel Hutz the Jimmy Hoffa treatment….? He could offer to build an extension to their car park - I hear they sell it out regularly. jono, SamUltraRam, JimmyDCFC1 and 1 other 4 Link to comment Share on other sites More sharing options...
kevinhectoring Posted July 4, 2022 Share Posted July 4, 2022 2 hours ago, Unlucky Alf said: I don't want to open a closed wound if it's closed...is it over and if it is...where has this been reported or is it that as we're now under new ownership WW can not pursue a case in court ?♀️ Yeah that seems likely. The ambulance chaser’s ‘claim’ was against old DCFC and quite possible that liability was NoT transferred to DC’s company under the asset transfer agreement. Q suggested months ago the whole thing was manageable so maybe they agreed with Couhpig months ago to pay WW’s legal fees on the club leaving administration - in which case Couhpig’s law firm will doubtless have been billing WW weekly at top whack rates Link to comment Share on other sites More sharing options...
Ram-Alf Posted July 4, 2022 Share Posted July 4, 2022 24 minutes ago, kevinhectoring said: Yeah that seems likely. The ambulance chaser’s ‘claim’ was against old DCFC and quite possible that liability was NoT transferred to DC’s company under the asset transfer agreement. Q suggested months ago the whole thing was manageable so maybe they agreed with Couhpig months ago to pay WW’s legal fees on the club leaving administration - in which case Couhpig’s law firm will doubtless have been billing WW weekly at top whack rates I bloody hope not ? Link to comment Share on other sites More sharing options...
Elwood P Dowd Posted July 4, 2022 Share Posted July 4, 2022 (edited) It is my understanding that with a take over all the debts and liabilities, whether they are known at the time of the sale or not, are assumed by the new owner. Sorry Alf Edited July 4, 2022 by Elwood P Dowd Ram-Alf 1 Link to comment Share on other sites More sharing options...
StaffsRam Posted July 4, 2022 Share Posted July 4, 2022 51 minutes ago, angieram said: He could offer to build an extension to their car park - I hear they sell it out regularly. The very definition of ‘tinpot’….. Link to comment Share on other sites More sharing options...
kevinhectoring Posted July 4, 2022 Share Posted July 4, 2022 9 minutes ago, Elwood P Dowd said: It is my understanding that with a take over all the debts and liabilities, whether they are known at the time of the sale or not, are assumed by the new owner. Sorry Alf Well except that the unsecured creditor claims will presumably be paid by q/old DCFC, as will MsD and hmrc. So in this case you’d think the liabilities transferred will exclude various things. I doubt DC has assumed any liability to WW Tamworthram 1 Link to comment Share on other sites More sharing options...
Elwood P Dowd Posted July 4, 2022 Share Posted July 4, 2022 5 minutes ago, kevinhectoring said: Well except that the unsecured creditor claims will presumably be paid by q/old DCFC, as will MsD and hmrc. So in this case you’d think the liabilities transferred will exclude various things. I doubt DC has assumed any liability to WW The purchaser assumes all liabilities known or unknown, the only way to avoid any issues to settle any known litigation before the takeover. The other method is reduce the purchase price to reflect risk of any, unsettled, outstanding litigation which should take place after the takeover. The Scarlet Pimpernel 1 Link to comment Share on other sites More sharing options...
kevinhectoring Posted July 4, 2022 Share Posted July 4, 2022 17 minutes ago, Elwood P Dowd said: The purchaser assumes all liabilities known or unknown, the only way to avoid any issues to settle any known litigation before the takeover. The other method is reduce the purchase price to reflect risk of any, unsettled, outstanding litigation which should take place after the takeover. I think it depends whether you acquire shares, or assets and liabilities Buy shares and you get the business warts and all Buy the business and you assume whatever liabilities you agree to assume under the business transfer agreement DC bought the business apparently and if q did their own deal with Couhpig (they indicated they did) then the Couhpig liabilities would have been excluded in the BTA Id think Link to comment Share on other sites More sharing options...
Elwood P Dowd Posted July 4, 2022 Share Posted July 4, 2022 6 minutes ago, kevinhectoring said: I think it depends whether you acquire shares, or assets and liabilities Buy shares and you get the business warts and all Buy the business and you assume whatever liabilities you agree to assume under the business transfer agreement DC bought the business apparently and if q did their own deal with Couhpig (they indicated they did) then the Couhpig liabilities would have been excluded in the BTA Id think Unfortunately not, a takeover of a company is of all its Assets and its liabilities known or unknown. Remember the purchaser is taking over an existing legal entity. I don’t consider WW claim to have any legal merit at all The Scarlet Pimpernel 1 Link to comment Share on other sites More sharing options...
WystonRam Posted July 4, 2022 Share Posted July 4, 2022 2 hours ago, Elwood P Dowd said: It is my understanding that with a take over all the debts and liabilities, whether they are known at the time of the sale or not, are assumed by the new owner. Sorry Alf However, this isn’t a “takeover” the club is being taken out of administration from administrators , with an agreed and approved plan with the current creditors. Link to comment Share on other sites More sharing options...
Elwood P Dowd Posted July 4, 2022 Share Posted July 4, 2022 (edited) 28 minutes ago, WystonRam said: However, this isn’t a “takeover” the club is being taken out of administration from administrators , with an agreed and approved plan with the current creditors. It is a takeover, by the purchaser, however it achieved, straight purchase or via administration, of the legal entity that is Derby County. There is no other way for a new buyer to obtain ownership of the club but to Takeover, assume responsibility for, its assets and liabilities. The Administrators simply administrate the company until a new buyer is found and takes over the legal responsibility for the entity of the company. If the club had gone into liquidation then things would have been very different. Edited July 4, 2022 by Elwood P Dowd The Scarlet Pimpernel 1 Link to comment Share on other sites More sharing options...
kevinhectoring Posted July 4, 2022 Share Posted July 4, 2022 1 hour ago, Elwood P Dowd said: Unfortunately not, a takeover of a company is of all its Assets and its liabilities known or unknown. Remember the purchaser is taking over an existing legal entity. I don’t consider WW claim to have any legal merit at all Agree with you about the WW claim Elwood P Dowd 1 Link to comment Share on other sites More sharing options...
SamUltraRam Posted July 4, 2022 Share Posted July 4, 2022 1 hour ago, Elwood P Dowd said: Unfortunately not, a takeover of a company is of all its Assets and its liabilities known or unknown. Remember the purchaser is taking over an existing legal entity. I don’t consider WW claim to have any legal merit at all Try telling that to Lee Buchanan angieram and kevinhectoring 1 1 Link to comment Share on other sites More sharing options...
Tamworthram Posted July 4, 2022 Share Posted July 4, 2022 5 hours ago, DavesaRam said: Now we are out of administration Wycombe win’t be able to use the EFL kangaroo court against us, so will have to take it to a real court. And all that will do us give the judiciary their biggest laugh in ages. Bring it on, Wycombe man. Looking at the BBC sports website Wycombe are currently bottom of league 1 (on alphabetical order ?). Let's hope, just for their owner (nothing against the club or it's fans) they still are at the end of the season. kevinhectoring and Premier ram 1 1 Link to comment Share on other sites More sharing options...
curb Posted July 4, 2022 Share Posted July 4, 2022 4 hours ago, angieram said: He could offer to build an extension to their car park - I hear they sell it out regularly. Actually, they only sold it out the once. Link to comment Share on other sites More sharing options...
Foreveram Posted July 4, 2022 Share Posted July 4, 2022 36 minutes ago, Tamworthram said: Looking at the BBC sports website Wycombe are currently bottom of league 1 (on alphabetical order ?). Let's hope, just for their owner (nothing against the club or it's fans) they still are at the end of the season. Yes but conversely Derby are ninth, would you be happy with that. Link to comment Share on other sites More sharing options...
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