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Breaking News WUP Court Hearing - 4th October- Case Dismissed.

There is a lot of misconception about Administration on here. The WUP does prevent the Company or Directors appointing an Administrator without the consent of the Court. What it does not do is prevent the holder of a relevant charge appointing an Administrator. As we all know RM controls the companies who hold charges over the Company. In effect RM could still place the club in Administration.

There will not be a pre pack sale in Administration. The membership of the league and FA can only be transferred with the consent of the league and FA. Nobody is going to buy the club without knowing any conditions on the transfer of the registrations. That is not going to be known in the next 14 days.

No football club has done a pre pack Administration before and SUFC is not about to be the first.
 
I'd like to see the National League and or the FA take a stronger stance here and publicly declare Ron as not a fit and proper person to be chairman of a football club.

The rules need changing, scunthorpe are right behind us in the line to go out of business because of poor ownership, the FA and the league have a part to play in this
 
There is a lot of misconception about Administration on here. The WUP does prevent the Company or Directors appointing an Administrator without the consent of the Court. What it does not do is prevent the holder of a relevant charge appointing an Administrator. As we all know RM controls the companies who hold charges over the Company. In effect RM could still place the club in Administration.

There will not be a pre pack sale in Administration. The membership of the league and FA can only be transferred with the consent of the league and FA. Nobody is going to buy the club without knowing any conditions on the transfer of the registrations. That is not going to be known in the next 14 days.

No football club has done a pre pack Administration before and SUFC is not about to be the first.
That is not going to be known in the next 14 days.


Why is that? Could buyer be talking to league now? Could it be in the rules that were posted a day or 2 ago which seemed reasonably clear that debts don't get written off in full?

Thanks for info - seems informative - without being rude, can I ask source of info please
 
Quite simply the league and FA do not work that quickly. They would want to see a copy of the agreement between RM and the purchaser. They may well want this agreement to be legally binding if they give their consent so neither party can then back out. If I was the purchaser I would want this as well. This is how the FA worked on a deal I was involved with.

If a deal had been agreed and only needed FA and league approval it would be known about. RM would have said so simply to stop the protests outside his house.
 
Seen a few people on twitter mention a few different things that he has let slip on today. Most of which are very contradicting.

- club will be sold in the next two weeks
- JR is still front runner but another consortium is being formed in background (different group)
- no one has agreed a deal with RM since it’s been up for sale
- pushing for an adjournment on the 4th Oct


I despair. I don’t think there is any good outcome from where we are now.

Well, we know that one is definitely bull****.

What Ron really means is, nobody’s been able to agree a deal that lasts more than 24 hours before he changes the terms and conditions again.
 
If Ron can't do what is asked of him, the club should be stripped away from him and not folded.

The club is a local asset that should be impounded and handed to someone willing to run the club. And that list is ****ing long!

Surely a judge can see that Ron wants the club to die so he can make his money, even my fiancé who has no interest in Sport or even property can see that!

THE CLUB SHOULDN'T BE PUNISHED FOR ONE RATS ACTIONS!

Declare him bankrupt!

Freeze his assets

Seize the Football Club and it's land (Roots Hall) from him

And allow the club to be taken over by the correct people without Ron's involvement
 
There is a lot of misconception about Administration on here. The WUP does prevent the Company or Directors appointing an Administrator without the consent of the Court. What it does not do is prevent the holder of a relevant charge appointing an Administrator. As we all know RM controls the companies who hold charges over the Company. In effect RM could still place the club in Administration.

There will not be a pre pack sale in Administration. The membership of the league and FA can only be transferred with the consent of the league and FA. Nobody is going to buy the club without knowing any conditions on the transfer of the registrations. That is not going to be known in the next 14 days.

No football club has done a pre pack Administration before and SUFC is not about to be the first.
Leeds

KPMG Restructuring were appointed as administrators of Leeds United and, within minutes of entering administration, the club was sold to Leeds United Football Club Limited.[7] Had the club not voluntarily entered administration, they would have been forced into liquidation on 25 June 2007 by Her Majesty's Revenue and Customs, to whom the club owe £6 million.
 
That is not going to be known in the next 14 days.


Why is that? Could buyer be talking to league now? Could it be in the rules that were posted a day or 2 ago which seemed reasonably clear that debts don't get written off in full?

Thanks for info - seems informative - without being rude, can I ask source of info please
Joe

This is a long post so apologies.

It was me that posted the NL rules as I thought they were highly relevant to the discussion.Ironically those rules sadly seem to have passed many by

My background was debt management amongst my teams one dealt with insolvencies but that was before the Enterprise Act which changed a lot in terms of class of creditors but fundamentally the principles are the same although IVAs & CVAs confuse matters as did the subsequent introduction of secondary preferential creditors .

Pre the Enterprise Act PAYE/NIC debt wasn’t all preferential although if the debt had been pursued vigorously over time then very little would have been non preferential.When debt management was local there was a view that individuals with interests in their local club were a little too generous when it came to TTP and or delayed enforcement.


In that era football club after football club defaulted on paying PAYE & NIC as it was easy to divert into cash flow whereas VAT debt enforcement was rigorous backed up by legislation that enabled in year surcharges. The loss or as relevant delayed payment of PAYE/ NIC to the Exchequer was massive.


To a degree that all changed when IR & C&E merged and focus was bought to bear particularly on football clubs and it took a lot of goodwill and hard work by all parties concerned namely the FA, EFL and Non leagues alongside HMRC because quite simply the sums owed to HMG almost uniquely in the sporting world ,even if much was eventually paid and the Football Creditor(FC) rule , having been legally confirmed was under threat the Treasury floating proposed changes to Insolvency Laws particularly around removal of the FC rule meant that the very existence of football clubs would be under greater threat

Hence the reasons for the introduction of the financial monitoring that now is in place and why the leagues are so concerned about clubs like Southend who are putting the uneasy peace between football and the authorities into jeopardy .

If HMRC take their gloves off then potentially there will be a domino effect meaning a flurry of WUO issued to clubs experiencing temporary cash flow whereas currently HMRC will do all they can to facilitate business recovery.

Southend aren’t going to trade through their current problems . The legacy debts just simply can’t be cleared whilst keeping current liabilities up to date.

We could talk all day about RM but realistically SUFC in the NL pool are a big fish but creep up through the EFL and it is a much smaller fish.

The problem was RM seems to have made mistake after mistake most would say chasing the dream almost having sampled early and possibly limited success many and possibly RM is in that number that believe spend more and success will follow few if any were urging caution in the early days of his tenure

One thing I believe he is right about is RH.

Maybe not the location but the state it is in. Realistically it is not fit for even the purpose of playing in NLS . It’s a tip and the dream that some have of ” doing it up “ sadly is a fantasy.

Be it a new stadium being built over at FF or even re sited on the current site sadly the fact needs to be faced refurbishing whilst trying to remain on site is a logistical and financial nightmare.



So back to the current problems.


I have witnessed business after businesses chasing their tails when it comes to trying to deal with debt mountains. Few recover most that try and trade through are just delaying the enevitable

I keep banging on about a CVA that would have hurt but it would have delivered a far better outcome than any type of Administration or indeed Liquidation would to the FC ( not sure that is so when it comes to the owners of RH)

As we see from the rules any sort of Insolvency Event will bring with it more points being deducted probably an extended Embargo and that’s even if the NL don’t rigorously enforce their rules as I read them.

Finally I want to correct the misapprehension that some have that HMRCs main driver in all this is to delay to ensure payment. HMRC live by the overachieving responsibility to “ Protect the Public Purse”

Not only does that mean collecting taxes as they are due but also enforcing legislation almost to send out a wider message that pay on time, without reminder or we will vigorously pursue debt from delinquent entities

Or put another way the message that enforcement sends out repays the sort of debt SUFC owe to HMRC multiple times over.

My mood is like the weather crap !
 
Leeds

KPMG Restructuring were appointed as administrators of Leeds United and, within minutes of entering administration, the club was sold to Leeds United Football Club Limited.[7] Had the club not voluntarily entered administration, they would have been forced into liquidation on 25 June 2007 by Her Majesty's Revenue and Customs, to whom the club owe £6 million.
The rules re writing off debt in an administration are far different now
 
If it's a clear choice between them getting some money back or none at all, I guess.
The costs associated with an full term admin followed by insolvency of the legacy club will be colossal.

I haven’t seen the NL rules but EFL rules require a dividend of at least 25 p in the £ to be paid to all creditors just to allow the EFL “ Share” to be passed to the NewCo.

It’s worth spending a while looking through the Wigan Administrators report to see just how much money would be needed and the challenges they faced to ensure the clubs survival. That survival was only achieved through vast sums being raised from player sales and monies from the league.
 
I'd like to see the National League and or the FA take a stronger stance here and publicly declare Ron as not a fit and proper person to be chairman of a football club.

The rules need changing, scunthorpe are right behind us in the line to go out of business because of poor ownership, the FA and the league have a part to play in this
I don’t think you are wrong re taking a tougher stance but the problem as I see it is that other than possibly trading whilst insolvent( which may well be dealt with in the future ) RM hasn’t been found guilty of any business offence and sadly company law is so lax as to be comical
 
I'd like to see the National League and or the FA take a stronger stance here and publicly declare Ron as not a fit and proper person to be chairman of a football club.

The rules need changing, scunthorpe are right behind us in the line to go out of business because of poor ownership, the FA and the league have a part to play in this
You raise an interesting point here.

I have a great deal of sympathy with your view on the "fit and proper" issue. The sad truth is that neither the FA nor the Leagues will act beyond the reach of their current powers as they construe them.

Whilst the EFL is vastly better now than it was back in 2016-18 (when we were dealing with them), they will all be looking for evidence of misconduct, rather than mere incompetence, before they act on the fit and proper issue. That would be hard to prove here.

What we need is independent regulation. The FSA have lobbied hard for a regulator that has a wide range of powers to act that can be used singly or in combination. The thinking is that this allows them to construct a bespoke response to whatever set of issues they have before them.

This is largely so as to be able to punish Owners & Directors for their shortcomings, rather than supporters, wherever possible. Highly relevant here, and at Scunthorpe, where we have a current AND former owner behaving like spoilt children and ruining a perfectly good football club in the process.

My other gripe about both cases is that they have been handled with studious neglect for a long time, meaning that the NL has inherited problems that were noticeable and well documented when both clubs were in the EFL. Something similar happened to us when the EPL washed their hands of us when were relegated back into the EFL in 2011. They both knew our owners were a problem six years before it ever got to court - and did nothing.

This is what you get from a system the rules of which are agreed by owners, for owners. It's like all of us marking our own homework - you can't possibly rely upon it to be fair or equitable, and there is absolutely no incentive for anyone to own up to mistakes.
 
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You raise an interesting point here.

I have a great deal of sympathy with your view on the "fit and proper" issue. The sad truth is that neither the FA nor the Leagues will act beyond the reach of their current powers as they construe them.

Whilst the EFL is vastly better now than it was back in 2016-18 (when we were dealing with them), they will all be looking for evidence of misconduct, rather than mere incompetence, before they act on thee fit and proper issue. That would be hard to prove here.

What we need is independent regulation. The FSA have lobbied hard for a regulator that has a wide range of powers to act that can be used singly or in combination. The thinking is that this allows them to construct a bespoke response to whatever set of issues they have before them.

This is largely so as to be able to punish Owners & Directors for their shortcomings, rather than supporters, wherever possible. Highly relevant here, and at Scunthorpe, where we have a current AND former owner behaving like spoilt children and ruining a perfectly good football club in the process.

My other gripe about both cases is that they have been handled with studious neglect for a long time, meaning that the NL has inherited problems that were noticeable and well documented when both clubs were in the EFL. Something similar happened to us when the EPL washed their hands of us when were relegated back into the EFL in 2011. They both knew our owners were a problem six years before it ever got to court - and did nothing.

This is what you get from a system the rules of which are agreed by owners, for owners. It's like all of us marking our own homework - you can't possibly rely upon it to be fair or equitable, and there is absolutely no incentive for anyone to own up to mistakes.
Excellent post.
The mention of Scunthorpe is particularly relevant and I would suggest everyone read this statement issued by their current chairman

Whilst it of course deals with Scunthorpe its wo the looking at some of the numbers quoted to try and gain some true context in terms of the sums involved in running a NL club

 
Excellent post.
The mention of Scunthorpe is particularly relevant and I would suggest everyone read this statement issued by their current chairman

Whilst it of course deals with Scunthorpe its wo the looking at some of the numbers quoted to try and gain some true context in terms of the sums involved in running a NL club

What a clear, and open insight. In stark contrast to the vague ramblings of a certain old man.
 
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