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| Too many words in this thread now. It hurts my head. Can someone synopsise for me please?
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| According to the dweeb, the points penalty was applied to OKbulls, yet clearly and publicly the RFL, Ralph Rimmer specifically, stated that the factors within the decision were the businessplan and contribution to previous creditors by BB2014.
So whomever this person is, expects that it is acceptable and normal and all within the plan, to penalise OKbulls for the actions of bb2014 who never owned the club and apply that penalty to completely new member in BBNL
The RFL should really learn it's much easy to admit your Fack up and start again, than try to defend an obvious Fack up
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| Quote ="Ferocious Aardvark"So why did they lodge a claim around £900k the evening before the creditors meeting, and which they were allowed by the administrator to vote?
No, it is the direct evidence of those present. Whitcut is not claiming to be spreading
Heheh. Very good. But that isn’t how it works. You – whoever you are- do not get to decree what is “unfounded” just because you say so! How absurd! How on earth would YOU know whether Whitcut’s claims were founded or unfounded? Are you a parrot, that sits on his shoulder? Did you have him constantly bugged? Come on, we’d like to know!
It happened and has been reported. How much do you need? Why are you doubting it?'"
You're wasting your time FA - the man has the ability to write but clearly has no ability to read and comprehend.
What was that old expression, something about there being none so blind as those who [idon't want[/i to see?
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| Quote ="SmokeyTA"According to the dweeb,...
So whomever this person is, expects that it is acceptable and normal and all within the plan, to penalise OKbulls for the actions of bb2014 who never owned the club and apply that penalty to completely new member in BBNL
..'"
And so it is because tonight, Matthew, Marc Green [size=150IS[/size OKB. And SSG. And BBNL. And BB2014. And Astra Zeneca. And HSBC. And....
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| So when is the decision on the points deduction?The sooner the better, as could cause lots of friction if bulls stayed up by a point, if given all 6 back. Even with all 6 back, it will be still difficult with the squad.
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| Quote ="OFFTHECUFF"So when is the decision on the points deduction?The sooner the better, as could cause lots of friction if bulls stayed up by a point, if given all 6 back. Even with all 6 back, it will be still difficult with the squad.'"
Hearing and decision is the week leading up to the Wakefield game (1st June), according to our RFL poster
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| Quote ="daveyz999"Hearing and decision is the week leading up to the Wakefield game (1st June), according to our RFL poster'"
The sooner the better mate. Got a soft spot for Bradford, as always down to earth fans and i rather you stayed up though. But unless get a run of wins soon it will be very tough. Cheers anyway.
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| Quote ="daveyz999"Hearing and decision is the week leading up to the Wakefield game (1st June), according to our RFL poster'"
Why do I have so little confidence he's got that bit right either....?
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| Quote ="Bulliac"Why do I have so little confidence he's got that bit right either....?'"
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.
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| 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" appeal panel to side fully with Mr Dweeb and the RFL and uphold the 6 points. We'll struggle on, pick up a couple of wins but it wont be enough to avoid the inevitable. I suspect on 2nd of June we will need to begin preparations for competing in tier 2 next season. And to be frank, I'm almost past caring, (very definately the wrong word but im not sure how else to put it when you care so much that you just want he suffering to end) just get the appeal done, get this season done, and hopefully we can move on and rebuild with a sustainable club in the 2nd tier and look to get back up at some point in the future.
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| Quote ="daveyz999"So who is it a creditor of? It need to be against the appropriate organisation, yet you seem to think that (by law) you can keep requesting payment from any regime, regardless of who owned the club at the time the debt was run up. This is poor form, again, as I state earlier the RFL believes that they are more entitled to reclaim their money over HMRC. When in fact the RFL uses their power of being the rule maker and demands the new owners pay what is owed by the old owners. Anyone who doesn't agree to this fails to be given acceptance by the RFL to run the club (Bully tactics)
Quote You do realise the RFL pumped in money to keep Bradford Bulls in operation via the administrator? BB Holdings are nothing to do with any money handed to he administrator. The reduction in funding to OK Bulls was nota payment for BB Holdings liabilities. OK knew the terms, how was he bullied in any way into accepting them?'"
I disagree. I know that this correspondence has been passed to other chairmen of other SL clubs, who already have a pretty low opinion of certain 'goings on' at Red Hall. Surely the RFL would prefer to quash all allegations, but instead, they (you) would rather it just quietly went away.
Quote Have you got any copies of this correspondence?'"
I'm pretty confident that this is not the case, especially given the fact that this was the reason the new board quit the club. If they were aware of the 6 point deduction, then took over the club, to then quit because they received a 6 point deduction, well you see my logic. Also, why would the 6 point deduction apply to any other party? This is making an assumption that no bidder would pay back any monies owed, which is a big assumption to make.
Quote The sanction was against OK Bulls. The 6 point deduction was notified to BB2014 and it was made clear that this would be a condition of any takeover'"
[urlhttp://www.thetelegraphandargus.co.uk/sport/sportbulls/11178165.Former_Bulls_boss_pursued_for___905_000_by_Rugby_Football_League/[/url
Also, I thought you said earlier that the RFL was not a creditor of OK Bulls? Yet in the press release above there are direct quotes from Solly himself stating that the RFL lodged with the administrator that they were owed £900,00
“They (OK Bulls Ltd) are entitled to contest the claim, but we have to let the administrator know what we think is owed to us.”
Quote The original plan was that OK Bulls would receive Sky money in the 2nd year of new ownership. Ok requested that this be brought forward so 50% was received in year 1. This was agreed that, if OK Bulls were to enter administration within 2 years, the whole amount would be due to the RFL. OK Bulls received £900,000 in year 1. OK personally guaranteed the £900,000 would be repaid should the business go into administration. The money was given to OK Bulls, but the business is not liable for the debt, so the RFL is technically not a creditor.'"
I do hope you are the one defending the RFL at the appeal hearing.....'"
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| Quote ="SmokeyTA"According to the dweeb, the points penalty was applied to OKbulls, yet clearly and publicly the RFL, Ralph Rimmer specifically, stated that the factors within the decision were the businessplan and contribution to previous creditors by BB2014.
So whomever this person is, expects that it is acceptable and normal and all within the plan, to penalise OKbulls for the actions of bb2014 who never owned the club and apply that penalty to completely new member in BBNL
The RFL should really learn it's much easy to admit your Fack up and start again, than try to defend an obvious Fack up'"
The sanction was applied to OK Bulls. BB2014 had the opportunity to reduce that sanction upon takeover. As no creditors were to be paid, the maximum sanction was upheld. Quite simple really. The sanction applied to OK Bulls remained in situ and was upjheld upon the takeover by BBNL.
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| Quote ="LeagueDweeb"The sanction was applied to OK Bulls. BB2014 had the opportunity to reduce that sanction upon takeover. As no creditors were to be paid, the maximum sanction was upheld. Quite simple really. The sanction applied to OK Bulls remained in situ and was upjheld upon the takeover by BBNL.'"
I can't believe I am getting involved in all this but....
Was it? Was the sanction applied to OK Bulls? When were "OK Bulls" who no longer owned the Bulls told of this sanction? And when were BB2014 told that they were taking on the sanction applied to another owner regardless? Before they agreed to take it on, or after?
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| Quote ="LeagueDweeb"You do realise the RFL pumped in money to keep Bradford Bulls in operation via the administrator? BB Holdings are nothing to do with any money handed to he administrator. The reduction in funding to OK Bulls was nota payment for BB Holdings liabilities. OK knew the terms, how was he bullied in any way into accepting them?'"
I do realise money was pumped into BB Holdings. What I don't realise is how the debt could manifest its way onto the new owner of the club?
Again, now we have gone through another 2 admins, the debt to the RFL still appears to be there. The RFL have somehow guaranteed their cash, above any creditor, even the taxayer.
Quote ="LeagueDweeb"Have you got any copies of this correspondence?'"
I do indeed.
Quote ="LeagueDweeb"The sanction was applied to OK Bulls. BB2014 had the opportunity to reduce that sanction upon takeover. As no creditors were to be paid, the maximum sanction was upheld. Quite simple really. The sanction applied to OK Bulls remained in situ and was upjheld upon the takeover by BBNL.'"
BB2014 agreed to repay all creditors (with the exception of OK) over a 5 year period. The creditors were then notified of the plan put forward by BB2014 confirming the same. The owners (at the time) withdrew their offer as the RFL failed to consider their offer of payment as a way of reducing the debts.
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| Quote ="LeagueDweeb"The sanction was applied to OK Bulls. BB2014 had the opportunity to reduce that sanction upon takeover. As no creditors were to be paid, the maximum sanction was upheld. Quite simple really. The sanction applied to OK Bulls remained in situ and was upjheld upon the takeover by BBNL.'" except that just doesnt work does it. You can't apply a penalty to OKbulls for the actions of BB2014 and you certainly cannot apply a sanction to OKbulls and actually apply that sanction to BBNL
The sanction cannot have been 'in situ' because it was applied to an entirely separate member. Any sanction applied to BBNL would have to be an entirely new sanction.
That sanction was also publicly justified by BB2014s actions and business plans, are you now telling us Ralph Rimmer lied in his statement explaining the reasons for the sanction?
You can apply all the sanctions you want to OKbulls, they aren't members of the RFL any more, nobody would care.
You clearly contradict yourself, you state the penalty was applied because no creditors were to be paid, that was a BB2014 action not an OKbulls action and at the point the penalties were applied definitely not a BBNL action?
Whichever twisty turny attempt at covering this Fack up you make, you cannot escape the simple truth that OKbulls were sanctioned, for the actions of BB2014 but that sanction applied to BBNL.
In other words a clusterfsk.
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| Summary:
OKB were penalised 6 points for an insolvency event which under RFL membership rules had to apply to this 2014 season irrespective of who controlled the club. (membership bye-laws 4.6 final sentence). Self-evidently, being insolvent OKB could not mitigate the 6 points by paying off creditors. BB2014 proposed to pay them off in the expectation of full mitigation, however withdrew (seemingly after the business plan underpinning those repayments was examined). Enter BBNL who as a condition of RFL membership accepted the penalty and the right to appeal against it. That appeal is not mitigation based on paying creditors back, but uses force majeure as its basis. The nature of that force majeure has not been publicly declared, so open to conjecture.
It is also worth noting that under the membership bye-laws the RFL can pretty much decide what penalties - sorry, conditions of membership - they want to dish out, and can disregard any precedents if they so wish. The main issue is not what the RFL have blatantly done according to the rules, ie correctly applying the points deduction to the 2014 season, but the transparency of the process by which they determine the conditions of membership (ie penalties attached to membership being granted). If they do not follow precedents, then that whole process behind such a decision should be open to scrutiny, including by the fans.
Tweedldweeb makes it sound as if the OK refund was a side deal, but I cannot see how it could be. Penalties, and all conditions thereto, are surely part of the conditions of new/continued membership? Even the necessity for a PG would be a condition. Which wouuld mean that to invoke the PG, the RFL would first have to demand repayment from OKB, and upon not being satisfied, invoke the PG. Having some statutory accounts for OKB would have been helpful in this context, as if it was a condition of OKB membership then it would have been in the balance sheet as a contingent liability, and on the fundamental accounting principal of grossing up, OKB's Pg would also have been declared as a contingent asset.
I hope that clears things up.
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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 [ueffect[/u that the original points deduction stands, as does the right to appeal it.
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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:
* Member suffers an insolvency event
* RFL can if it wants serve a Notice (indeed must do so within the stated time frames) and if it does, membership ends. If that happened then end of club. No sanctions, as nothing would exist.
If the RFL for the time being decides not to serve a Notice then for the time being there will be no sanctions. The Notice being a pre-requisite for sanctions.
Those sanctions will be applied to that Member if (and only if) the Member applies to be and is re-admitted.
Or else sanctions can equally be applied to a new member (which is the situation in the case of Bulls).
The situations envisaged are that either the club in financial strife sorts itself out up to a point and comes cap in hand wanting to carry on (ie the existing company); or else it cannot, but a new owner comes along and applies for a new membership.
I would have thought it blindingly obvious that if OKB were served a Notice and thus ceased to be a member, and did not seek reinstatement, and nobody else applied to be a new owner, then even the thickest person would understand there would in those circumstances BE no club and so sanctions to something that did not exist would be pure farce.
However, if you still don't get it, then before we go any further, please point me to the rule clause or law that gives the RFL jurisdiction to apply sanctions to anyone OTHER than members. Could they, for example, sanction Tesco? Or Manchester United?
I do not know when (if ever) the RFL served its Notice on OKB but surely you can understand that if OKB died, and n new owner applied for membership then nothing would exist to which sanctions could be applied?
Quote ="martinwildbull"....For the sake of clarity, the RFL could and did apply a sanction to BBNL as a condition of RFL membership. ...'"
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:
* Member suffers an insolvency event
* RFL can if it wants serve a Notice (indeed must do so within the stated time frames) and if it does, membership ends. If that happened then end of club. No sanctions, as nothing would exist.
If the RFL for the time being decides not to serve a Notice then for the time being there will be no sanctions. The Notice being a pre-requisite for sanctions.
Those sanctions will be applied to that Member if (and only if) the Member applies to be and is re-admitted.
Or else sanctions can equally be applied to a new member (which is the situation in the case of Bulls).
The situations envisaged are that either the club in financial strife sorts itself out up to a point and comes cap in hand wanting to carry on (ie the existing company); or else it cannot, but a new owner comes along and applies for a new membership.
I would have thought it blindingly obvious that if OKB were served a Notice and thus ceased to be a member, and did not seek reinstatement, and nobody else applied to be a new owner, then even the thickest person would understand there would in those circumstances BE no club and so sanctions to something that did not exist would be pure farce.
However, if you still don't get it, then before we go any further, please point me to the rule clause or law that gives the RFL jurisdiction to apply sanctions to anyone OTHER than members. Could they, for example, sanction Tesco? Or Manchester United?
I do not know when (if ever) the RFL served its Notice on OKB but surely you can understand that if OKB died, and n new owner applied for membership then nothing would exist to which sanctions could be applied?
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.'"
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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| 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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