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Pompey Takeover Saga

Fitzhugh Fella

By Fitzhugh Fella,
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Hockey_saint

Hockey_saint

Posted
Posted
There is nothing in that article which suggests the League agree with the PDT.

 

Yep, it's all conjecture....I'm quite a lefty and read the Guardian quite a bit, but I have to say a lot of their sporting articles have been wayyyyy off.

 

Plus, if Farmery took the time to actually READ the FL Statement it's NOT for the same thing.

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Minsk

Minsk

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"We feel that although the punishment hasn't technically been activated yet, its effects have certainly been felt from day one of this season," said PST's Colin Farmery. "We feel that we've served the punishment and that it has had an effect on our season, so the points ought to come off now.

"We knew that they were going to come off – although we started the season on zero points, mentally everyone started on -10 points. If you are told that you will lose 10 points at some point during the season, you never budget for those points. If you look at it like that then we have been punished.

"If we were to end up with a 10-point deduction next season it would feel like we are being punished twice for the same offence. We certainly feel that as a football club we can look in the eyes of a supporter from any other club and say we have been punished for the sins of others considerably over the last three years. We were in the Premier League and FA Cup final – we've suffered three relegations and had 29 points taken off us."

:facepalm:

 

Farmery: "You have to take the 10 points off now, or we'll take you to court. You can't go back on what you wrote."

 

FL: "Ok, you win. The 10 points come off this season."

 

Farmery: "Yes!"

 

FL: "By the way, in order to get the golden share and entry in L2 next season, you must accept a 17 point deduction at the start of next season."

 

I really can't be bothered to go and look for it, but I am certain some time ago Farmery was saying they would fight the point deduction and he was sure the -10 would be rescinded. Now he is saying they accepted it all along. Sounds like the same old lying, cheating, P*mpey to me.

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Fitzhugh Fella

Fitzhugh Fella

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Unreal, got this from my skate mate when I said I didn't expect to hear from him today......"hahah - yeah cr@p news for the Blues - but that's the legacy of success Harry and Co i guess - wouldnt swap it for the FA Cup or Euro footy i went to tho."

 

There is an uncomfortable nos of posters on this thread who have "skate mates". Just sayin'

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qwertySFC

qwertySFC

Posted
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Problem with spin is if you keep changing your story you get found out - Once the final details have come out of the final agreements of who owns what - if their is another debt secured against the ground at least the PDT can say well we got rid of that nasty man Chinny - we did what the fans wanted oh by the way the man we lent money from this time is nice guy so no worries their then

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trousers

trousers

Posted
Posted
Oh look, yet another day has passed without the agreement details appearing on the PST website. How peculiar...

 

They will argue that the 'agreement' was between BDO and Portpin and as such it's Birch & Co that are withholding publication (no doubt for an easily explainable reason..."it's commercially sensitive until the club comes out of administration....blah....blah...")

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Red and White Army

Red and White Army

Posted
Posted
The only register I know of is BAILII but I don't know if "out of court" appear on there. ( refresh; select Chancery)

http://www.bailii.org/recent-decisions-ew.html

 

I've been checking it twice a day since the case but the last one added is the HSBC case (added 12th; hearing 9th)

 

It has been updated again, but can't see anything about Poopey there?

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Saint Lindford

Saint Lindford

Posted
Posted

Portsmouth: Iain McInnes says football supports Trust takeover

The prospective chairman of Portsmouth believes 'football is on their side'

 

The above quote from Champange Iain suggests that all of football is behind them, well maybe now he might like to reconsider that as Chesterfield CEO says that the points deduction must come off next season to be a proper punishment. So even before the season ends one of their prospective opponents in League 2 next season wants them deducted points at the start of next season.

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rallyboy

rallyboy

Posted
Posted

so FF has moved swiftly from being worried about the company that people keep, to the confession that he has regularly supped from the furry blue goblet of skate.

 

FF?

That's familiar...

 

 

Fortress fatpipes?

Coincidence?

 

In the spirit of the pompey online inquisition that made the Spanish one look like a doorstep survey, we will suspect everyone!

Gather a mob, order some pitchforks and burning torches, The Threadfather has some questions to answer...

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mcjwills

mcjwills

Posted
Posted
so FF has moved swiftly from being worried about the company that people keep, to the confession that he has regularly supped from the furry blue goblet of skate.

 

FF?

That's familiar...

 

 

Fortress fatpipes?

Coincidence?

 

In the spirit of the pompey online inquisition that made the Spanish one look like a doorstep survey, we will suspect everyone!

Gather a mob, order some pitchforks and burning torches, The Threadfather has some questions to answer...

 

Its not in the spirit of POL we would have banned him before he got a defence in if it was in the spirit of POL.

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Ken Tone

Ken Tone

Posted
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Doesn't the PCC loan terms say no on the ground ahead of PCC?

 

They've already bent the original loan conditions. PCC seem to be relying now on a promise that they will get first dibs on the parachute payments, to allow their loan to be repaid within a few months (whilst others wait for sometime-never).

 

It is true btw that there is a new company called 'south point finance' with a registered office in Upham , which I think is Robinson's base isn't it?

 

I really can't see what Robinson's motives are , if they are not at least a bit sinister from PFC's point of view. Even if the other "HNWs" are genuine fans, he is not.

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Saint_John

Saint_John

Posted
Posted
It has been updated again, but can't see anything about Poopey there?
The recent case is not up there (yet? ), however the mystery case with that firm of solicitors (Neumans) that was unreported at the time is up there (select Home then search etc.).

The final day of that case was the 12 Oct but it was not loaded until 2 Nov.

 

Notes 3 to 16 are worth a read because they give some actual dates and amounts involved in Admin 1 and that Neumans were appointed on the 15th Dec. Even though the "myth" from Cheats FC at the time is that they know nothing about a winding up order from HMRC on the 23rd Dec.

The case I believe involves those Solicitors being "shafted" by Cheats FC (imo everyone usual is) for work done between 15 Dec & 12 Feb.

 

And who was that person connected to the Club who paid them £160k (p 9) ? Chainrai ?? and did that go through the books ?

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2012/3088.html&query=portsmouth+and+football&method=boolean

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Gingeletiss

Gingeletiss

Posted
Posted

Same old Skates! Cheating, make your own minds up.

 

http://www.portsmouth.co.uk/sport/pompey/bizarre-ruling-puts-pompey-academy-in-frame-for-title-glory-1-5007331

 

Pompey Academy can be crowned champions this weekend – despite not finishing with the most points in their division.

 

Andy Awford’s side head into the final round of fixtures lying third in the Youth Alliance Under-18 South-East League.

 

The Blues entertain second-placed Luton on Saturday at Furze Lane.

 

Victory is essential, but Pompey must also rely on Watford defeating leaders Leyton Orient.

 

Even if results went their way, Orient still cannot be caught.

 

But in a bizarre twist Pompey would take the title.

 

The league have decreed eight teams will play 21 matches, which includes Orient, this season.

 

Meanwhile, Pompey and six others will play just 20.

 

In the interests of fairness, the league table is then worked out on a points-per-game basis, with goal difference irrelevant.

 

And if the Blues finish within a point of Orient, it will be Awford’s side who will be champions.

 

Academy coach Paul Hardyman said: ‘It’s complicated but the simple fact is if we beat Luton on Saturday and Watford beat Orient then we will win the league.

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Gingeletiss

Gingeletiss

Posted
Posted
@pn_neil_allen: #Pompey could find out their points deduction fate tomorrow at the earliest. http://t.co/TNjkFKKHay

 

I thought it was a nailed on certainty to be this season Neil...?

 

Fratbrat

10:48 AM on 18/04/2013

To be fair DCW and others, the FL have done just that to every other club with a points deduction -- taken it off either the same season or the next depending on what will cause the maximum damage. So clubs such as Luton , Bournemouth, Leeds, Chester (maybe?), and indeed our friends down the road, all had points deductions carried over to the next season because they'd already been relegated.

 

Our only hope is that those other deductions were for going *into* administration. We are the only club ever to break promises made to creditors as we came out administration, the previous one before the current administration, which is what this extra -10 is for. So there is no clear precedent, and the FL will make it up as they go along.

 

Under Mawhinney's chairmanship we'd have had no chance. The current lot seem a bit softer though. But they don't like legal threats, so the trust would be wise to go carefully on that.

 

NineDeuce

10:58 AM on 18/04/2013

Is about as inevitable as it is stupid. Club goes into administration, Football League kicks a team who are already down. Club comes out of administration, they still kick them.

 

It was a three way dispute that delayed the takeover, nothing to do with overspending or corruption, something completely out of the club's control. The Football League should just get real, then just abolish this ridiculous rule once and for all (which they wont of course)...

 

:lol::lol::lol: 'nothing to do with overspending or corruption' :rolleyes:

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Matthew Le God

Matthew Le God

Posted
Posted (edited)

Key question... Is diluting a failed CVA an "insolvency event"?

 

Football League rules state that...

 

Insolvency Event' refers to any one of the following:

 

(a) entering into a Company Voluntary Arrangement pursuant to Part 1 of the Insolvency Act, a Scheme of Arrangement with creditors under Part 26 of the 2006 Act, or any compromise agreement with its creditors as a whole

 

Like diluting a failed CVA?

 

................................

 

12.3.1 If any Club becomes subject to or suffers an Insolvency Event, that Club shall be deducted 10 points.

 

It then goes on to say...

 

12.3.4 Where the circumstances set out in Regulation 12.3.3(b) apply and at the end of that Season, having regard to the number of championship points awarded (ignoring any potential deduction):

 

(a) the Club would be relegated in accordance with Regulation 10.1.2(b) or 7.3, the points deduction will apply in the next following Season (including in the Football Conference if appropriate); or

 

(b) the Club would not be relegated as aforesaid, the points deduction will apply in that Season and Regulation 10.1.2(b) or 7.3 will then apply (if appropriate) following imposition of the points deduction.

 

http://www.football-league.co.uk/regulations/20120702/section-3-the-league_2293633_2125717

 

The place to email and ask...

 

enquiries@football-league.co.uk

Edited by Matthew Le God
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ringwood

ringwood

Posted
Posted

So they need to be out of admin by 16.45 on the 27th ?

Or is end of season meeting the end of the season?

Points deduction can only be applied when the offence occurs, which is failure to pay CVA 1?

So survive in admin beyond 27th and its either bye bye League Status or its -10 in League 2 as a condition for the Golden Share?

 

So many whats and ifs, almost as many options as the number of points they've won this season

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rallyboy

rallyboy

Posted
Posted

good point from MlG.

 

Experts in the field may be able to advise whether this understanding has a legal basis...

 

 

A CVA is an aspect of insolvency, any change to a CVA is an event.

 

Surely a CVA failing can be regarded as an event within insolvency.

 

So the FL don't have to make up rules this time, it's there in black and white, the penalty will be imposed in League Two.

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Gruffalo

Gruffalo

Posted
Posted
Key question... Is diluting a failed CVA an "insolvency event"?

 

'Insolvency Event' refers to any one of the following:

 

(a) entering into a Company Voluntary Arrangement pursuant to Part 1 of the Insolvency Act, a Scheme of Arrangement with creditors under Part 26 of the 2006 Act, or any compromise agreement with its creditors as a whole;

 

(b) the lodging of a Notice of Intention to Appoint an Administrator or Notice of Appointment of an Administrator at the Court in accordance with paragraph 26 or paragraph 29 of Schedule B1 to the Insolvency Act, an application to the Court for an Administration Order under paragraph 12 of Schedule B1 to the Insolvency Act (other than paragraph 12(1)©) or where an Administrator is appointed or an Administration Order is made ('Administrator' and 'Administration Order' having the meanings attributed to them respectively by paragraphs 1 and 10 of Schedule B1 to the Insolvency Act);

 

© an Administrative Receiver (as defined by section 251 of the Insolvency Act), a Law of Property Act Receiver (appointed under section 109 of the Law of Property Act

1925) or any Receiver appointed by the Court under the Supreme Court Act 1981 or any other Receiver is appointed over any assets which, in the opinion of the Board is material to the Club's ability to fulfil its obligations as a Member Club;

 

(d) shareholders passing a resolution pursuant to section 84(1) of the Insolvency Act to voluntarily wind up;

 

(e) a meeting of creditors is convened pursuant to section 95 or section 98 of the Insolvency Act;

 

(f) a winding up order is made by the Court under section 122 of the Insolvency Act or a provisional liquidator is appointed under section 135 of the Insolvency Act;

 

(g) ceasing or forming an intention to cease wholly or substantially to carry on business save for the purpose of reconstruction or amalgamation or otherwise in accordance with a scheme of proposals which have previously been submitted to and approved in writing by the Board;

 

(h) being subject to any insolvency regime in any jurisdiction outside England and Wales which is analogous to the insolvency regimes detailed in paragraphs (a) to (g) above; and/or

 

(i) have any proceeding or step taken or any court order in any jurisdiction made which has a substantially similar effect to any of the foregoing.

 

...

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Matthew Le God

Matthew Le God

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Posted

So this is the key bit...

 

Insolvency Event' refers to any one of the following:

 

(a) entering into a Company Voluntary Arrangement pursuant to Part 1 of the Insolvency Act, a Scheme of Arrangement with creditors under Part 26 of the 2006 Act, or any compromise agreement with its creditors as a whole

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Gruffalo

Gruffalo

Posted
Posted
So this is the key bit...

 

Insolvency Event' refers to any one of the following:

 

(a) ....or any compromise agreement with its creditors as a whole

 

Tricky Trev never consulted po**ey's creditors before compromising the first CVA, so there couldn't possibly have been an 'agreement'..

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Torres

Torres

Posted
Posted
"We feel that although the punishment hasn't technically been activated yet, its effects have certainly been felt from day one of this season," said PST's Colin Farmery. "We feel that we've served the punishment and that it has had an effect on our season, so the points ought to come off now.

"We knew that they were going to come off – although we started the season on zero points, mentally everyone started on -10 points. If you are told that you will lose 10 points at some point during the season, you never budget for those points. If you look at it like that then we have been punished.

"If we were to end up with a 10-point deduction next season it would feel like we are being punished twice for the same offence. We certainly feel that as a football club we can look in the eyes of a supporter from any other club and say we have been punished for the sins of others considerably over the last three years. We were in the Premier League and FA Cup final – we've suffered three relegations and had 29 points taken off us."

:facepalm:

 

So the threat of a punishment is actually punishment enough? OK, Colin. At least you're not talking gibberish :facepalm:

 

Oh, and a little hint for you - if you want to stop getting points deductions, stop breaking the rules. :thumbup:

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Matthew Le God

Matthew Le God

Posted
Posted

I've seen a lot of Pompey fans think they will walk the League as they think they will have by far the biggest attendances in League Two next season.

 

Bradford City's average attendances in 6 years of League Two struggles...

 

2007/08 - 10th place - 13,694

2008/09 - 9th place - 12,704

2009/10 - 14th place - 11,423

2010/11 - 18th place - 11,128

2011/12 - 18th place - 10,171

2012/13 - 7th place - 10,190

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stevegrant

stevegrant

Posted
Posted

Worth noting, though, that Bradford's attendances have been propped up in recent years by ridiculously cheap season ticket deals. Even if they somehow discover that it's possible to run a football club on a break-even basis, they'll still have by far the biggest budget in that league.

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Chez

Chez

Posted
Posted
Worth noting, though, that Bradford's attendances have been propped up in recent years by ridiculously cheap season ticket deals. Even if they somehow discover that it's possible to run a football club on a break-even basis, they'll still have by far the biggest budget in that league.

 

I would imagine the skates will have low season ticket prices to ensure they continue the `feel good' feeling next season. Mark Catlin is not daft. Actually I'm informed that Catlin did a fantastic job at Bury before resigning. They greatly regret not offering him a paid CEO job last summer.

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FloridaMarlin

FloridaMarlin

Posted
Posted
Same old Skates! Cheating, make your own minds up.

 

http://www.portsmouth.co.uk/sport/pompey/bizarre-ruling-puts-pompey-academy-in-frame-for-title-glory-1-5007331

 

Pompey Academy can be crowned champions this weekend – despite not finishing with the most points in their division.

 

Andy Awford’s side head into the final round of fixtures lying third in the Youth Alliance Under-18 South-East League.

 

The Blues entertain second-placed Luton on Saturday at Furze Lane.

 

Victory is essential, but Pompey must also rely on Watford defeating leaders Leyton Orient.

 

Even if results went their way, Orient still cannot be caught.

 

But in a bizarre twist Pompey would take the title.

 

The league have decreed eight teams will play 21 matches, which includes Orient, this season.

 

Meanwhile, Pompey and six others will play just 20.

 

In the interests of fairness, the league table is then worked out on a points-per-game basis, with goal difference irrelevant.

 

And if the Blues finish within a point of Orient, it will be Awford’s side who will be champions.

 

Academy coach Paul Hardyman said: ‘It’s complicated but the simple fact is if we beat Luton on Saturday and Watford beat Orient then we will win the league.

 

In other school sports news, Head teacher Mr Whittingham has decided that in the interests of fairness, and so that nobody goes home disappointed or upset from sports day, there will be no trophies for 'winners'.

 

Everybody taking part in an event will be awarded with a lovely certificate at the end of the race, which will contain a hearty 'Well Done!' for taking part.

 

Even little Andrew Awford, the fat boy from the Junior Fish class will get something to show that he is not a loser, but a valued member of the class who tries his bestest at everything.

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