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25% => The Boardroom => Topic started by: Fred Elliot on Friday, June 22, 2007, 12:19:16



Title: My worry
Post by: Fred Elliot on Friday, June 22, 2007, 12:19:16
OK

I have said all along that no business will be wound up whilst a viable rescue package, to the benefit of the creditors.

BUT there is a definate road that a WUP must go through before it comes to court ;

Day 1 :  WUP issued on the registered office

Day 7 :  WUP advertised in the London Gazette

Day 8 :  Company's trading ceases, as its assets and bank account are frozen.

Obviously I am fully confident that the club will not be wound up, however I do worry about how we continue to trade between Day 8 and the Winding up hearing, and the possible view of the FL

This is not meant to be a "doom and gloom" post, just a genuine concern I have if a WUP is served


Title: My worry
Post by: Sippo on Friday, June 22, 2007, 12:25:48
Whats WUP? Winding-Up ......


Title: My worry
Post by: Ardiles on Friday, June 22, 2007, 12:26:58
Petition


Title: My worry
Post by: Fred Elliot on Friday, June 22, 2007, 12:26:58
Winding Up Petition


Title: My worry
Post by: TalkTalk on Friday, June 22, 2007, 12:27:43
Petition.

To the Court.


Title: My worry
Post by: Sippo on Friday, June 22, 2007, 12:28:48
Ta muchly. Not the sharpest knife in the draw you see... :mrgreen:


Title: My worry
Post by: TalkTalk on Friday, June 22, 2007, 12:33:10
I don't think you are right there Fred. I was revisiting this last night.

The company's assets/shares etc are frozen and the employees are dismissed ONLY if the Court decides on liquidation. If it does, then that's it - game up, end of story. The club will be liquidated. That's not to say that the liquidator can't keep the company running (if he thinks it will produce a better return in the short term). Sure, somebody can come along and buy the assets and so on but ultimately that action means that the it will cease to exist at some point in the near future.

I think the hope is rather that any winding up petition is adjourned in the light of other offers to pay the CVA/buy the assets etc.


Title: My worry
Post by: redbullzeye on Friday, June 22, 2007, 12:33:10
Presuming June 30th goes by without any change to the situation, would I be correct in thinking one of the creditors would have to ask for a winding up petition?  It wouldn't just automatically happen


Title: My worry
Post by: TalkTalk on Friday, June 22, 2007, 12:35:36
Quote from: "redbullzeye"
Presuming June 30th goes by without any change to the situation, would I be correct in thinking one of the creditors would have to ask for a winding up petition?  It wouldn't just automatically happen

Indeed. A creditor has to petition the Court.


Title: My worry
Post by: Sippo on Friday, June 22, 2007, 12:36:35
This is all sooooo confusing. My head hurts.

I just want whats best for the club. I want a club to support....


Title: My worry
Post by: jayohaitchenn on Friday, June 22, 2007, 12:37:53
Quote from: "TalkTalk"
Quote from: "redbullzeye"
Presuming June 30th goes by without any change to the situation, would I be correct in thinking one of the creditors would have to ask for a winding up petition?  It wouldn't just automatically happen

Indeed. A creditor has to petition the Court.


I think that is pretty much garanteed though.


Title: My worry
Post by: Fred Elliot on Friday, June 22, 2007, 13:12:43
Quote from: "TalkTalk"
I don't think you are right there Fred. I was revisiting this last night.

The company's assets/shares etc are frozen and the employees are dismissed ONLY if the Court decides on liquidation. If it does, then that's it - game up, end of story. The club will be liquidated. That's not to say that the liquidator can't keep the company running (if he thinks it will produce a better return in the short term). Sure, somebody can come along and buy the assets and so on but ultimately that action means that the it will cease to exist at some point in the near future.

I think the hope is rather that any winding up petition is adjourned in the light of other offers to pay the CVA/buy the assets etc.


Sorry Talk Talk I beg to differ

I was talking our our legal bods yesterday (we have instigated many WUP's on debtors and they inform me that bankers watch the LG daily and then do round robin e mails.

Accounts then get frozen the following day


Title: My worry
Post by: TalkTalk on Friday, June 22, 2007, 13:27:35
Quote from: "Fred Elliot"
Sorry Talk Talk I beg to differ

I was talking our our legal bods yesterday (we have instigated many WUP's on debtors and they inform me that bankers watch the LG daily and then do round robin e mails.

Accounts then get frozen the following day

Do your company ever actually succeed with any of them Fred?  :soapy tit wank:

Have a look at http://www.insolvency.gov.uk/guidanceleaflets/dealingwithdebt/howtowindupacompany.htm

A company does not cease trading or get frozen just because it has had a winding up petition served on it, no matter how many days before the court hearing that is. It is only when the court turns it into a winding up order and it passes into liquidation.

If you think about it, if somebody petitioned about your company on incorrect/false grounds and the court threw it out, it would be manifestly wrong if you had been prevented from trading, wouldn't it?


Title: My worry
Post by: Fred Elliot on Friday, June 22, 2007, 13:35:20
Have just spoken to them again, and for a company to be even issued with a WUP depicts that, even put conservatively, trading is perilous.

The banks have the right to freeze accounts, and do so to protect not only their own position, but in alignment with guidelines laid down by the FSA, to protect other would be creditors from dishonored payments etc.

This is not legislative, but best practice in line with the FSA.

However, I take where you are coming from, and as we do not operate any form of overdraft facility or credit lines then this may not be appropriate in our case


Title: My worry
Post by: TalkTalk on Friday, June 22, 2007, 13:42:16
Quote from: "Fred Elliot"
Have just spoken to them again, and for a company to be even issued with a WUP depicts that, even put conservatively, trading is perilous.

 :soapy tit wank:

As in when the Revenue issued one against STFC for non-payment of VAT you mean...


Title: My worry
Post by: Fred Elliot on Friday, June 22, 2007, 13:48:09
exactumundo


Title: My worry
Post by: Crozzer on Friday, June 22, 2007, 13:48:29
With all this going on, players are being signed presumably with the help of their agents, who are there obviously  to provide financial savvy.  So, if I am Fred Shark and I represent Kevin Clogger, during negotiations I might have the concern that SBC are next week going to take away the chair I am sitting in, and the cup I am drinking coffee out of.  Am I being told "don't worry Freddy Boy, have another cigar, we swiped a box from Kingy just before he left,  the stuff in the press that the creditors, and the geezer in charge of the CVA are at odds is just speculation .  "Freddy, we've got more dosh than Kylie M., don't worry about what's in the press, or what the council members have to say".  

Just a thought, but why sign on for the Titanic if you know there's an iceberg straight ahead.


Title: My worry
Post by: TalkTalk on Friday, June 22, 2007, 13:50:52
There is no iceberg.


Title: My worry
Post by: RobertT on Friday, June 22, 2007, 13:53:52
we can move the iceberg if we want to


Title: My worry
Post by: Frigby Daser on Friday, June 22, 2007, 14:13:07
Pretty much any financial agreement the club has made will come with a condition that upon the issue winding-up petition/admin order or such like, accounts can be frozen, loans made immediately repayable, secured property possessed etc.

In STFC's case, if a winding-up order were made, I'd ASSUME accounts would be frozen fairly promptly given our past history as we wouldn't have had much bargaining strength in any financial negotiations. Any outstanding monies to St Modwen's etc would be made repayable.

BUT all of this depends on who holds which assets and if guarantees have been given between STFC and the Holding Company.

In short.....shit.


Title: My worry
Post by: Panda Paws on Friday, June 22, 2007, 16:13:20
Quote from: "RobertT"
we can move the iceberg if we want to


But the council, who own the iceberg, need to grant permission first and they don't really like the captain of the ship after recent statements


Title: My worry
Post by: Power to people on Friday, June 22, 2007, 16:40:19
Quote from: "Crozzer"
With all this going on, players are being signed presumably with the help of their agents, who are there obviously  to provide financial savvy.  So, if I am Fred Shark and I represent Kevin Clogger, during negotiations I might have the concern that SBC are next week going to take away the chair I am sitting in, and the cup I am drinking coffee out of.  Am I being told "don't worry Freddy Boy, have another cigar, we swiped a box from Kingy just before he left,  the stuff in the press that the creditors, and the geezer in charge of the CVA are at odds is just speculation .  "Freddy, we've got more dosh than Kylie M., don't worry about what's in the press, or what the council members have to say".  

Just a thought, but why sign on for the Titanic if you know there's an iceberg straight ahead.


I would imagine that agents are there to negotiate wage / contract on their players behalf they probably would not know about local issues tbh.


Title: My worry
Post by: kaufman on Friday, June 22, 2007, 18:29:49
Quote from: "Power to people"
Quote from: "Crozzer"
With all this going on, players are being signed presumably with the help of their agents, who are there obviously  to provide financial savvy.  So, if I am Fred Shark and I represent Kevin Clogger, during negotiations I might have the concern that SBC are next week going to take away the chair I am sitting in, and the cup I am drinking coffee out of.  Am I being told "don't worry Freddy Boy, have another cigar, we swiped a box from Kingy just before he left,  the stuff in the press that the creditors, and the geezer in charge of the CVA are at odds is just speculation .  "Freddy, we've got more dosh than Kylie M., don't worry about what's in the press, or what the council members have to say".  

Just a thought, but why sign on for the Titanic if you know there's an iceberg straight ahead.


I would imagine that agents are there to negotiate wage / contract on their players behalf they probably would not know about local issues tbh.


if i was an agent i would not be doing my job if i was not checking local news/independent forums and ASKING THE RIGHT QUESTIONS to the board and sturrock.

The board have something up their sleeve now and they will leave it till the last minute to try and get all the glory they can


Title: My worry
Post by: Crozzer on Friday, June 22, 2007, 18:39:44
There has to be some major assurance, I cannot believe that Sturrock would be out on a limb.


Title: My worry
Post by: Fred Elliot on Friday, June 22, 2007, 18:40:32
Quote from: "Crozzer"
There has to be some major assurance, I cannot believe that Sturrock would be out on a limb.


Likewise Crozzer


Title: My worry
Post by: kaufman on Friday, June 22, 2007, 18:47:10
so basically everyone is thinking that the board are twats but have the money in the wings to pay this? or i am just losing the plot?


Title: My worry
Post by: Fred Elliot on Friday, June 22, 2007, 18:53:19
Ive just got this niggle in the back of my mind Kaufman

Why on earth would you so publically shit on

1) a major creditor within the CVA

2) The major player within any ground redevelopment that will increase revenues to get us out of this shit. SBC, and the relationship with the club is pivotal


Title: My worry
Post by: Bennett on Friday, June 22, 2007, 23:24:46
Quote from: "Fred Elliot"
Ive just got this niggle in the back of my mind Kaufman

Why on earth would you so publically shit on

1) a major creditor within the CVA

2) The major player within any ground redevelopment that will increase revenues to get us out of this shit. SBC, and the relationship with the club is pivotal


as opposed to being retarded OR having the PR skills of a poorly dressed, ill edutcated fish...


Title: My worry
Post by: Spencer_White on Saturday, June 23, 2007, 07:44:24
They might be trying it on again, pleading that they are poor. Seeing if they can get a revised settlement.

Doubt its going to work this time though.


Title: My worry
Post by: SwindonTartanArmy on Saturday, June 23, 2007, 09:42:21
Quote from: "Fred Elliot"
Ive just got this niggle in the back of my mind Kaufman

Why on earth would you so publically shit on

1) a major creditor within the CVA

2) The major player within any ground redevelopment that will increase revenues to get us out of this shit. SBC, and the relationship with the club is pivotal


erm.... because they are a bunch of fucking idiots? :o


Title: My worry
Post by: Iffy's Onion Bhaji on Saturday, June 23, 2007, 09:44:46
Quote from: "Fred Elliot"
Ive just got this niggle in the back of my mind Kaufman

Why on earth would you so publically shit on

1) a major creditor within the CVA

2) The major player within any ground redevelopment that will increase revenues to get us out of this shit. SBC, and the relationship with the club is pivotal


i think they're just having a pop at everyone because they know they only have one week left  :wink:


Title: My worry
Post by: sonic youth on Saturday, June 23, 2007, 10:11:57
Quote from: "Spencer_White"
They might be trying it on again, pleading that they are poor. Seeing if they can get a revised settlement.

Doubt its going to work this time though.


they'd have to be seriously insane to try that given we've just reportedly spent £50k on a defender, we're off to austria on a pre-season tour and can afford to rebrand everything with our new badge...


Title: My worry
Post by: ron dodgers on Saturday, June 23, 2007, 10:21:40
The only explanation is that they have the funds in place for the CVA and the ground development and next seasons budget.
They are just enjoying winding everybody up as they are secure in the knowledge that they are in control.

Of course ....... I could be wrong and Mike and Andrew have been sharing a particularly hallucinogenic home brewed Ouzo or two and are insane.


Title: My worry
Post by: RobertT on Saturday, June 23, 2007, 15:21:45
you might be right, but it won't involve a development in Swindon, that much is obvious from the past few days.


Title: My worry
Post by: pauld on Saturday, June 23, 2007, 15:49:45
Actually, Rob, Diamandis is deluded enough to believe he can get away with having a go at councillors like this and still think they would view him or any company he was involved in as suitable partners to work with on a development. You may remember that after the ill-fated visit to the Madjeski he had a similar tantrum about Cllr Martin and thought the way forward would be to "neutralise" Cllr Martin's political influence within the council by "digging up dirt on him". We told him then the objections to the scheme they were pushing at the time were more than just Nick Martin "being difficult" and that any attempt to have a go at Cllr Martin would backfire - I guess we're seeing the fruits of this genius strategy now.


Title: My worry
Post by: glos_robin on Saturday, June 23, 2007, 15:54:08
Quote from: "pauld"
Actually, Rob, Diamandis is deluded enough to believe he can get away with having a go at councillors like this and still think they would view him or any company he was involved in as suitable partners to work with on a development. You may remember that after the ill-fated visit to the Madjeski he had a similar tantrum about Cllr Martin and thought the way forward would be to "neutralise" Cllr Martin's political influence within the council by "digging up dirt on him". We told him then the objections to the scheme they were pushing at the time were more than just Nick Martin "being difficult" and that any attempt to have a go at Cllr Martin would backfire - I guess we're seeing the fruits of this genius strategy now.


It never fails to amaze just what a nasty piece of work Diamandis is


Title: My worry
Post by: TalkTalk on Saturday, June 23, 2007, 16:54:52
Quote from: "glos_robin"
It never fails to amaze just what a nasty piece of work Diamandis is

http://www.philsp.com/data/images/n/nasty_piece_of_work_199712_n6.jpg


Title: My worry
Post by: OOH! SHAUN TAYLOR on Saturday, June 23, 2007, 22:37:25
I think he is quite literally evil.

Not just figuratively speaking but quite literally evil.

I mean as in clinically evil.

In the same way that some people are clinically insane. If a head doctor examined him he would probably be forced to conclude that he was clinically evil.


That's what I reckon :?


Title: My worry
Post by: OOH! SHAUN TAYLOR on Saturday, June 23, 2007, 22:40:33
I wish I hadn't posted that now. I reckon his flying helper killer monkeys are on their way as I speak :?


Title: My worry
Post by: TalkTalk on Saturday, June 23, 2007, 23:25:29
Quote from: "OOH!  SHAUN TAYLOR"
I wish I hadn't posted that now. I reckon his flying helper killer monkeys are on their way as I speak :?

http://www.bartcop.com/burns-flying-monkeys.JPG


Title: My worry
Post by: OOH! SHAUN TAYLOR on Sunday, June 24, 2007, 09:53:26
That's the fellas :nod:


Title: My worry
Post by: glos_robin on Sunday, June 24, 2007, 11:54:28
http://www.thisisstfc.co.uk/Forum_New/topic.asp?TOPIC_ID=28802

Just read the thread on thisis from June last year when Diamond Mike posted his sob story. He almost had us fooled for a couple of months, its amazing just how often and easily he lies.


Title: My worry
Post by: ron dodgers on Sunday, June 24, 2007, 12:32:29
fly my pretties,fly


Title: My worry
Post by: Spencer_White on Monday, June 25, 2007, 14:30:29
Quote from: "sonic youth"
Quote from: "Spencer_White"
They might be trying it on again, pleading that they are poor. Seeing if they can get a revised settlement.

Doubt its going to work this time though.


they'd have to be seriously insane to try that given we've just reportedly spent £50k on a defender, we're off to austria on a pre-season tour and can afford to rebrand everything with our new badge...


Insane would probably sum them up, yes.