FORUMS > Bradford Bulls > Points deduction poll |
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[quote="bUsTiNyAbALLs":9q9d2t35]Do not converse with me you filthy minded deviant.[/quote:9q9d2t35]
[quote="vastman":9q9d2t35]My rage isn't impotent luv, I'm frothing at the mouth actually.[/quote:9q9d2t35]: |
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| It doesn't clear anything up because it is the same clearly and demonstrably wrong nonsense you have been peddling for weeks that has already been shown to be clearly and demonstrably wrong.
Your timeline isn't even right.
The weird thing is, you along with everyone else understands the RFL could apply a sanction as a condition of membership, yet for some reason you insist this didn't happen, but that the original points deduction stands.
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| Quote: SmokeyTA "It doesn't clear anything up because it is the same clearly and demonstrably wrong nonsense you have been peddling for weeks that has already been shown to be clearly and demonstrably wrong.
Your timeline isn't even right.
The weird thing is, you along with everyone else understands the RFL could apply a sanction as a condition of membership, yet for some reason you insist this didn't happen, but that the original points deduction stands.'"
As you are not substantiating your first point, theres nothing to comment about.
The RFL reserve the right to defer applying the penalty, so that they can help the insolvent club out. That clearly happened in this case. They can declare the penalty whenever they want, subject to it being declared in time to be applied to the current season, or if offseason, the following season.
For the sake of clarity, the RFL could and did apply a sanction to BBNL as a condition of RFL membership. This has the effect that the original points deduction stands, as does the right to appeal it.
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973_1515165968.gif Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total:d7dc4b20b2c2dd7b76ac6eac29d5604e_973.gif |
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| Quote: martinwildbull "....
The RFL reserve the right to defer applying the penalty, so that they can help the insolvent club out. That clearly happened in this case. '"
The problem is that the wording of the relevant passages seems to be too much for you. The RFL do not reserve the right to defer a penalty at all. They can choose not to serve the Notice that terminates the insolvent member's membership.
One link you need to make is the one between "sanctions" and "Member". As if there is no member then sanctions cannot exist in a vacuum, and for that rather obvious reason, none could be applied.
The way it works is, in steps
When? On what date? Where is it reported? Link? For the sake of clarity, I will not accept you simply baldly stating "the RFL did apply a sanction to BBNL". You have nothing at all to substantiate that claim. I
In any case that sanction could not be the 6 points, as that was announced pre-BBNL. So if BBNL was to suffer a 6 point sanction then the previously announced one would need to be lifted, and a fresh sanction imposed on the new owner.
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| This is definitely a losing the will to live moment???
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| Quote: martinwildbull "I dont think that anyone would argue with the doctrine of corporate personality. It is its applicability outside corporate law that is more the issue. For example Directors cannot under the Health and Safety legislation blame the corporate personality for any failures. The points penalty etc are all within sports law, the applicable laws being the RFL rules which all participants agree to as a condition of that participation. Those rules apply to all forms of ownership, including associations as well as limited companies. Whatever the de jure legal form of the businesses, there is no doubt that MG is the de facto controller of them. And it has to be the case. whilst SSG may have a legal personality, it is not a person, and so cannot of itself do anything. Hence other areas of law go past that legal personality and operate on the people that control it.'"
A succinct appraisal.
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| Quote: Ferocious Aardvark "So to recap on this point, the RFL put in a late claim for £900K, were (surprisingly) allowed to vote to that figure, there were reports in the press of this happening, OK stated this to be the case, Balke Solly insisted the RFL were a creditor and that was reported too.
Yet our new friend simply claims the RFL isn't a creditor. Puzzling behaviour, as is the dweeb's sudden explosion into life, reminiscent of a supernova, never previously seen. Like a supernova, the output is largely uncontrolled and impervious to fact and reason. My theory is that dweeb is in fact from the Planet Dweeb, which is in a parallel universe that has fleetingly made contact with ours, and on his planet, none of the factual events here on Earth did in fact take place. This would explain, for example, Dweeb's potato-like inability to assimilate even blatant facts. If I am right, then as the connection is broken, Dweeb will disappear as quickly as he came, and blissfully complete his existence on his world, where rugby balls are square, Mother Theresa chairs SLE and Nigel Wood models for Primark swimsuits.'"
The RFL made the administrator aware of the figure guaranteed by OK as it had actually been paid to OK Bulls as part of the licence deal and would therefore be shown as revenue for the business.
OK Bulls is not liable for the sum of money, OK is. Therefore the RFL is technically not a creditor of OK Bulls, but of OK.
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| Quote: daveyz999 "He seemed confident (although confidence doesn't seem to be something he/she lacks).
The poster does seem privy to information, although I don't think he was expecting [imere fans[/i to know certain 'truths' relating to the recent on-goings, hence his contradicting posts and continual failed attempt to prove that Bradford Bulls (regardless of ownership) owed the RFL money for paying wages.
He has also gone quiet on the claims that the clubs received a share of the money held back from OK Bulls.
There is no attempt to prove Bradford Bulls owed the FL money. It's simply the case that th RFL funded the lengthy administration of BB Holdings in order to prevent the club from disappearing. Had the RFL not done so, there would have been no source of income tosustain the business & the administrator would have been legally bound to liquidate it.
It was simply not feasible or logical for the RFL to take ownership of and continue to fund the business in perpetuity. Given that BB Holdings had already received it's full allocation of Sky money prior to liquidation, it isn't incumbent upon the RFL to simply write off he money provided during administration.
Thus, OK Bulls had it's Sky allocation reduced in order that the RFL would not have funded one beyond the normal distribution of central funds.
What funding did other clubs receive tat OK Bulls did not? And when?
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| Quote: Ferocious Aardvark "The problem is that the wording of the relevant passages seems to be too much for you. The RFL do not reserve the right to defer a penalty at all. They can choose not to serve the Notice that terminates the insolvent member's membership.
One link you need to make is the one between "sanctions" and "Member". As if there is no member then sanctions cannot exist in a vacuum, and for that rather obvious reason, none could be applied.
The way it works is, in steps
BB Holdings was still a member and had competition points sanctions imposed upon it. OK Bulls was still a member and had competition points sanctions imposed upon it. Both sanctions were applied within the same timescales to both members and they were consistent levels of sanctions for an act of insolvency where creditors would not be paid.
I fail to see what the issue is.
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973_1515165968.gif Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total:d7dc4b20b2c2dd7b76ac6eac29d5604e_973.gif |
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| Quote: LeagueDweeb ".... OK Bulls was still a member and had competition points sanctions imposed upon it. '"
When did the RFL ever announce a sanction against OKB, then?
Quote: LeagueDweeb "..
OK Bulls is not liable for the sum of money, OK is. Therefore the RFL is technically not a creditor of OK Bulls, but of OK.'"
And so the RFL have nevertheless claimed £900k+ as a creditor, presumably fraudulently?
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| Quote: LeagueDweeb "What funding did other clubs receive tat OK Bulls did not? And when?'"
rlhttp://www.bbc.co.uk/sport/0/rugby-league/26339196rl
This paragraph quoting Mark Moore;
"He said the club was having to operate on only half the central distribution funding, with the rest of the Super League clubs sharing the other half"
This is not new. Everyone, including those that don't care, knew/know that money was being shared out across other SL clubs.
As for the new owners owing money back to the RFL for moneys paid in the previous regime, it's just wrong. ALL other creditors lost out, yet the RFL are still claiming back their cash. You try to make out that the RFL may have saved a winding up order, yet in reality the RFL have the ability to reclaim their money as they are the rule makers. That money should have been wrote off when the new owner took over - The RFL was just a creditor at this point and should not claim any preferential treatment.
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| Quote: Duckman "Well my poll thread has certainly taken an unexpected turn. Mr Dweeb, if not Blake Solly, is clearly someone from or connected to the RFL and has had sight of, or knows people personally, who have had sight of documents and conversations not in the public domain.
Which they are now using on here to paint the RFL's side of events as having no blame or fault or any wrongdoing whatsoever. (even if some of the "help" was in of itself clearly counter productive)
Disappointing. Im not getting involved in a semantic argument with anybody, but the two points that stand out for me are;
- "Urban myth" that other teams got our allocation shared??!?
- Did the RFL or did they not suggest admin as Bb2014 say?
One side is clearly lying.
The whole affair has beaten me down, and I suspect Im not alone (anyone suprised at the low attendances this year needs to give their head a shake btw), I now fully expect the "independent"
Your frustration is entirely understandable. It must be tough seeing your club in such a position.
Perhaps you should look at MG's motivation for appealing, whilst also considering that it was he who placed OK Bulls into administration in the full knowledge that this would trigger a sanction owing to an insolvency event.
I would proffer that perhaps MG is seeking to ingratiate himself with Bradford Bulls fans, in appearing to fight for their club? It is also worth noting the repeated appeals for fans to put their own hard earned money into the club.
It is worth noting that GS employed the same tactic when he was fronting the media for OK. Imploring fans to spend their money, publicly lambasting them for not buying enough season tickets when he himself invested absolutely not one penny into OK Bulls.
Bradford Bulls will rise again.
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| Quote: daveyz999 "rlhttp://www.bbc.co.uk/sport/0/rugby-league/26339196rl
This paragraph quoting Mark Moore;
"He said the club was having to operate on only half the central distribution funding, with the rest of the Super League clubs sharing the other half"
This is not new. Everyone, including those that don't care, knew/know that money was being shared out across other SL clubs.
As for the new owners owing money back to the RFL for moneys paid in the previous regime, it's just wrong. ALL other creditors lost out, yet the RFL are still claiming back their cash. You try to make out that the RFL may have saved a winding up order, yet in reality the RFL have the ability to reclaim their money as they are the rule makers. That money should have been wrote off when the new owner took over - The RFL was just a creditor at this point and should not claim any preferential treatment.'"
There is no evidence of this distribution whatsoever. OK Bulls were on a reduced distribution in order for the RFL to recoup monies paid in sustaining BB Holdings. This money could not be written off.
The RFL is not claiming ay preferential treatment. It is not a creditor of OK Bulls, it is a creditor of OK. OK guaranteed that if OK Bulls were to enter administration within two years of him taking over the licence, he would repay money advanced in year 1 of his tenure.
I'm not quite sure what Mark Moore's point is. It appears he was expecting BB2014 to simply pick up a liability free business that would have the same central funding as every other club and not have to carry over a competition points sanction.
When he learned that this was not the case, he chose not to purchase the business from the administrator.
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| Quote: Ferocious Aardvark "When did the RFL ever announce a sanction against OKB, then?
And so the RFL have nevertheless claimed £900k+ as a creditor, presumably fraudulently?'"
The RFL has lodged that sum as it has a guarantee provided by OK. In order that the RFL can pursue OK for repayment, it has to show that funds were paid to OK Bulls and should be part of any financial statements upon liquidation of OK Bulls.
It is in effect, a technical safeguard to prevent Ok from claiming the funds do not appear in OK Bulls financial statements so there are therefore not repayable.
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| Answer these simple questions please, Mr Dweeb? Since you must be very well acquainted with all the particulars of what happened, I would expect you will have the numbers readily available if not commited to memory?
1 - At the date BBH was placed in Administration (26/6/12), how much of the 2012 Sky/central funding allocation had been paid by the RFL to BBH over and above what BBH was due to receive anyway on a monthly basis up to 26/6/12?
2 - How much did the RFL pay to to Joint Administrators of BBH in the nine and a half weeks weeks between 26/6/12 and 31/8/12, the date OKB took over the business?
3 - If the RFL had paid more to BBH up to 26/6/12 than was due on a normal monthly basis (see Question 1), why was that excess - which will have been an advance agaist future payments, and therefore a creditor in the books of BBH - not recorded as a creditor in the list of creditors prepared by the Joint Administrators?
4 - What (if anything) was the value of [Sky money/central funding due to a SL club for 2012] less [amounts paid to BBH prior to 26/6/12] less [amounts paid to the Joint Administrators 26/6/12-31/8/12]?
5 - If the answer to 4 was > nil, what happened to that residual amount?
6 - You state the RFL paid Fees charged by the Joint Administrators. How much did they pay, and when? And why is there no reference to any such payments in the Joint Administrators' filings at Companies House?
7 - Please state, for the avoidance of doubt, how much the RFL paid to BBH, BBH (in Administration), The Joint Administrators for fees, any other parties directly where BBH (in Administration) would otherwise have been responsible and OKB (if anything) for the 2012 funding season (which I think runs from the previous November?).
8 - Please state how much more the value in 7 was than the funding due to a SL club for the 2012 funding season?
9 - Please compare that value with the c.£1.3m confiscated from OKB and BBNL, and explain the justification for the retention by the RFL of any difference.
I'll just check out my copies of all the documents filed at Companies House and/or issued to creditors while you put your answers together, so we can cross-reference where necessary.
Thnaks in anticipation.
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1271.jpg Whenever you find yourself on the side of the majority, it is time to pause and reflect.
Mark Twain
Build Bridges NOT Walls:1271.jpg |
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| I think Blake might now be on a conference call........
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