Wigan financial woes - up for sale again? p40
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Rothko said:0
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bobmunro said:flyingkiwiDK said:Billericaydickie said:Wigan are currently holding a press conference. The first thing said was the club are appealing the 12 point reduction that will be imposed for going into administration.Neither do I.I believe their grounds for appeal are based on 'force majeure' - not a chance that holds any water. For that to be a valid ground then there would have had to have been the same owners prior to the pandemic - this mob bought the club 4 weeks ago!1
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LenGlover said:The overriding factor is WHO has committed the offence and any negative repercussions or publicity arising for the ruling body if punishment is meted.
We see this in all walks of life now not just corrupt, incompetent bodies like the football governing bodies.
It will not surprise me in the slightest to see any punishment for Wigan deferred until next season and Sheffield Wednesday will probably walk away scot free.6 -
I actually have a lot of sympathy with the EFL here because they can't win, what ever they do.
Do the fans, players and staff deserve -12 points, through no fault of there own? Of course they don't.
At the same time if they wave the deduction not only would it open legal challenges from who ever gets relegated instead of them but it would say "the rules aren't the rules unless we say so on a case by case basis".
If you "let Wigan off" you open it up to a whole host of ways to abuse it.
Also if Wigan are such a well run club, how comes they can't complete the rest of the season with out a wip round? The owner only withdrew funding, didn't empty the bank account, from what I understand. If they can't play 5 games without a cash injection how were they well run?3 -
Wigan Athletic administrator Gerald Krasner has said the club have appealed against their 12-point deduction for going into administration.
The Football League said the punishment would apply this season if Wigan avoided finishing in the bottom three.
"The only grounds we have for this is 'force majeure'. My reading of it is, that applied to anything outside what we could have expected," said Krasner.
"This situation was totally unexpected, so we believe this case applies."
Force majeure events are usually defined as certain acts, events or circumstances beyond the control of the involved parties, such as natural disasters, war or a pandemic.Krasner confirmed 75 support staff were made redundant on Monday and that senior club executives have agreed to work for nothing until the situation is resolved.
He also said all furloughed staff were being paid in full on Tuesday, with the first-team squad getting 20% of their salaries.
So 2 thoughts here:
1. Only being paid 20% of their wages has surely got to affect players morale and desire to win games.
2. How can they claim force majeure when the owner took them over during the shut down and put them into admin when games had resumed?
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Cafc43v3r said:I actually have a lot of sympathy with the EFL here because they can't win, what ever they do.
Do the fans, players and staff deserve -12 points, through no fault of there own? Of course they don't.
At the same time if they wave the deduction not only would it open legal challenges from who ever gets relegated instead of them but it would say "the rules aren't the rules unless we say so on a case by case basis".
If you "let Wigan off" you open it up to a whole host of ways to abuse it.
Also if Wigan are such a well run club, how comes they can't complete the rest of the season with out a wip round? The owner only withdrew funding, didn't empty the bank account, from what I understand. If they can't play 5 games without a cash injection how were they well run?8 -
I am no legal expert but I think they are clutching at straws. I would be shocked if the EFL overturn the 12 point deduction. But it is the EFL we are talking about.1
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I don't think it'll be overturned, and I doubt they (Wigan) expect it to be overturned.
However, that doesn't mean that it's wrong/foolish of them to appeal. I'd certainly be wanting us to appeal to the EFL if they approved a new owner who then put us in administration a month later - not because I'd expect to get the points reinstated, but because it's a way of highlighting and scrutinising the shocking negligence that the EFL is guilty of in this particular case, as well as their generally inept governance.
I think this is being done primarily as a political gesture.18 -
Cafc43v3r said:I actually have a lot of sympathy with the EFL here because they can't win, what ever they do.
Do the fans, players and staff deserve -12 points, through no fault of there own? Of course they don't.
At the same time if they wave the deduction not only would it open legal challenges from who ever gets relegated instead of them but it would say "the rules aren't the rules unless we say so on a case by case basis".
If you "let Wigan off" you open it up to a whole host of ways to abuse it.
Also if Wigan are such a well run club, how comes they can't complete the rest of the season with out a wip round? The owner only withdrew funding, didn't empty the bank account, from what I understand. If they can't play 5 games without a cash injection how were they well run?
In effect they are in the same position as they were at the start of the month. If they couldnt afford to pay wages then that that is mis-management. Nothing to do with Covid otherwise 91 other clubs would be doing the same thing.
Also? Covid hit the UK in March & the season stopped early in the month. All this was known before the new owners bought the club.
I do think something dodgy has gone on......maybe there is a betting scam, maybe not. But the EFL rules are pretty clear - if you enter into Administration there is a 12 point deduction. A bit like not satisfying the source & sustainability test. For that you have a transfer embargo. I didnt see us throw our toys out of the pram & appeal. We were massively hampered from January onwards with injuries & could have done with half a dozen new players. If we had strengthend then we wouldn't probably be sitting just outside the bottom 3.
Actions have consequences.0 -
If this is overturned, then what's to stop a couple of dozen other league clubs going into administration to wipe out their debts, knowing they would get no further punishment from the EFL due to 'force majeure'?17
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There are a lot of indebted clubs that would love the EFL to refuse to sanction Wigan as it would set a precedent and allow them to go into voluntary administration themselves. I wouldn't count on the EFL doing us any favours.1
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dickplumb said:I am no legal expert but I think they are clutching at straws. I would be shocked if the EFL overturn the 12 point deduction. But it is the EFL we are talking about.1
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SantaClaus said:There are a lot of indebted clubs that would love the EFL to refuse to sanction Wigan as it would set a precedent and allow them to go into voluntary administration themselves. I wouldn't count on the EFL doing us any favours.0
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What would be better is if the EFL could insert something into the Terms and Conditions which separates these two versions of Administration
if you go into Administration due to miss-management then you'll get a -12 point deduction
If you cant prove that the club have gone into Administration due to miss-management (e.g. Wigan's case) then its the owner that gets a hefty fine that goes through the courts
Its something that would never happen though, partly because even I know its not as straight forward as that, not to mention that it would probably a ballache of a legal case what with the amount of foreign owners / international law that would surely come into play - You've then also got the scenario that BobMunro rightly states constantly - Why would the EFL agree to this sort of action when it is ran by the owners
There just has to be a better way of handling clubs that go into Administration than what there is now
My other outlandish thought would be that clubs would require EFL permission before going into Administration in the first place
Trouble is again, the speed that the EFL move, the club will probably be gone before any investigation to agree to that action is bloody well completed!!0 -
stevexreeve said:PragueAddick said:stevexreeve said:PragueAddick said:stevexreeve said:Politicians make company law and are totally responsible for this shit.
Asking for enquiries and blaming other people is not what they need to be doing now.
Lisa Nandy and Andy Burnham - sort this out - it's your fault.
As for Lisa Nandy she has done her job as an MP. She has spoken out and got national attention for Wigan’s plight. I regret to say that in our case messrs Pennycook and Efford have been silent recently. But of course the latter is an effing Spanner. Maybe my mistake when writing to him was to emphasise the Romanian money launderer. Far more effective to point out that if Charlton go down or bust, the Spanners lose their 6 point guarantee. I will try that on him.
BUT I prefer leaders who stand up and say things like "This is OUR fault - WE must do something about it".
We have discovered that the EFL cannot do absolutely anything about bad owners except deduct points or expel the team from the league.
Now we are suggesting that they don't do either of these things because "somebody" should have prevented the sale "somehow". So let's blame "somebody" for the problem.
This is OUR fault - WE must do something about it
1) Buy a company for nothing.
2) Lend money to the company.
3) Take all that money as salary / payments to yourself and spend it how you want.
4) Put the company into administration.
5) Claim the company owes you the money which you lent it!
The whole system seems wrong - not just football. Trying to blame the EFL or any organisation / individual is pointless. We need to change the laws of the land to stop it happening.
So it's down to us as voters if we want to do something about it.
1. Well not funds-free but you can set up a company for next to nothing. Plus the Companies House fee of £12. You can even go for the seemingly prestigious PLC for a mere £12,500!
2. Many small companies do not and cannot operate without being in receipt of loans from their directors. (The hope being that down the road they will make a profit and the money will be repaid.)
3. If the "assets" of the business are intangible and maybe only consist of the expertise of its staff/directors and precious little else it would be entirely appropriate to spend the money on expenses, salary, etc.
4. Yes, well, that facility has to be available for any number of legitimate reasons. Like Covid-19 for example.
So, you can't really change these things. Of course the problem comes when people manipulate facilities which have to be available to run almost any business. You have to hope that various pieces of legislation act as a back-stop.
Then on to point 5. Well good luck trying to claim any of the money back after the administrators/liquidators/Official Receiver have taken their not inconsiderable slice for the work they have undertaken.
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https://talksport.com/radio/listen-again/1594112400/
Wigan 'administrator', Paul Stanley, on with White and Jordan. Starts at about -12.30.1 -
Chris_from_Sidcup said:
1. Only being paid 20% of their wages has surely got to affect players morale and desire to win games.
And it's not as if it's a long period, in a month's time they'll be able to move to another club and what better way of showcasing your talent than by playing well in the remaining games. Play well, earning the respect of the Wigan fans, and earn a move to a richer club0 -
RedChaser said:flyingkiwiDK said:Billericaydickie said:Wigan are currently holding a press conference. The first thing said was the club are appealing the 12 point reduction that will be imposed for going into administration.0
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bazjonster said:https://talksport.com/radio/listen-again/1594112400/
Wigan 'administrator', Paul Stanley, on with White and Jordan. Starts at about -12.30.0 -
Dazzler21 said:RedChaser said:flyingkiwiDK said:Billericaydickie said:Wigan are currently holding a press conference. The first thing said was the club are appealing the 12 point reduction that will be imposed for going into administration.5
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RedChaser said:bazjonster said:https://talksport.com/radio/listen-again/1594112400/
Wigan 'administrator', Paul Stanley, on with White and Jordan. Starts at about -12.30.
Meanwhile we've been stuck with Nimer and now Elliott since January.4 -
RedChaser said:bazjonster said:https://talksport.com/radio/listen-again/1594112400/
Wigan 'administrator', Paul Stanley, on with White and Jordan. Starts at about -12.30.0 -
Chris_from_Sidcup said:
Wigan Athletic administrator Gerald Krasner has said the club have appealed against their 12-point deduction for going into administration.
The Football League said the punishment would apply this season if Wigan avoided finishing in the bottom three.
"The only grounds we have for this is 'force majeure'. My reading of it is, that applied to anything outside what we could have expected," said Krasner.
"This situation was totally unexpected, so we believe this case applies."
Force majeure events are usually defined as certain acts, events or circumstances beyond the control of the involved parties, such as natural disasters, war or a pandemic.Krasner confirmed 75 support staff were made redundant on Monday and that senior club executives have agreed to work for nothing until the situation is resolved.
He also said all furloughed staff were being paid in full on Tuesday, with the first-team squad getting 20% of their salaries.
So 2 thoughts here:
1. Only being paid 20% of their wages has surely got to affect players morale and desire to win games.
2. How can they claim force majeure when the owner took them over during the shut down and put them into admin when games had resumed?
In fact, I see no way in which Force Majeure can apply at all. This appeal will fail.1 -
just delaying the inevitable.......-12 pts incoming soon I suspect0
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stonemuse said:Chris_from_Sidcup said:
Wigan Athletic administrator Gerald Krasner has said the club have appealed against their 12-point deduction for going into administration.
The Football League said the punishment would apply this season if Wigan avoided finishing in the bottom three.
"The only grounds we have for this is 'force majeure'. My reading of it is, that applied to anything outside what we could have expected," said Krasner.
"This situation was totally unexpected, so we believe this case applies."
Force majeure events are usually defined as certain acts, events or circumstances beyond the control of the involved parties, such as natural disasters, war or a pandemic.Krasner confirmed 75 support staff were made redundant on Monday and that senior club executives have agreed to work for nothing until the situation is resolved.
He also said all furloughed staff were being paid in full on Tuesday, with the first-team squad getting 20% of their salaries.
So 2 thoughts here:
1. Only being paid 20% of their wages has surely got to affect players morale and desire to win games.
2. How can they claim force majeure when the owner took them over during the shut down and put them into admin when games had resumed?
In fact, I see no way in which Force Majeure can apply at all. This appeal will fail.
Frivolous appeal.
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stonemuse said:Chris_from_Sidcup said:
Wigan Athletic administrator Gerald Krasner has said the club have appealed against their 12-point deduction for going into administration.
The Football League said the punishment would apply this season if Wigan avoided finishing in the bottom three.
"The only grounds we have for this is 'force majeure'. My reading of it is, that applied to anything outside what we could have expected," said Krasner.
"This situation was totally unexpected, so we believe this case applies."
Force majeure events are usually defined as certain acts, events or circumstances beyond the control of the involved parties, such as natural disasters, war or a pandemic.Krasner confirmed 75 support staff were made redundant on Monday and that senior club executives have agreed to work for nothing until the situation is resolved.
He also said all furloughed staff were being paid in full on Tuesday, with the first-team squad getting 20% of their salaries.
So 2 thoughts here:
1. Only being paid 20% of their wages has surely got to affect players morale and desire to win games.
2. How can they claim force majeure when the owner took them over during the shut down and put them into admin when games had resumed?
In fact, I see no way in which Force Majeure can apply at all. This appeal will fail.4 -
What would stop esi putting us into administration, or any owner doing the same to reduce the debt, buy back for £1 and sell for £1m? Appeal the points deduction based on force majure1
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Todds_right_hook said:What would stop esi putting us into administration, or any owner doing the same to reduce the debt, buy back for £1 and sell for £1m? Appeal the points deduction based on force majure
Plus the club doesn't have that much debt and the wages are being paid even if we don't know by who?
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Henry Irving said:Todds_right_hook said:What would stop esi putting us into administration, or any owner doing the same to reduce the debt, buy back for £1 and sell for £1m? Appeal the points deduction based on force majure
Plus the club doesn't have that much debt and the wages are being paid even if we don't know by who?0 -
MrLargo said:I don't think it'll be overturned, and I doubt they (Wigan) expect it to be overturned.
However, that doesn't mean that it's wrong/foolish of them to appeal. I'd certainly be wanting us to appeal to the EFL if they approved a new owner who then put us in administration a month later - not because I'd expect to get the points reinstated, but because it's a way of highlighting and scrutinising the shocking negligence that the EFL is guilty of in this particular case, as well as their generally inept governance.
I think this is being done primarily as a political gesture.As usual we don’t have all the facts as the process is confidential, but if, as asserted, the new owners passed the FPP test and provided evidence for source and sufficiency of funds, what did the EFL do wrong?They own the business, they can make any decision they want regarding funding. If Roland had decided to cease lending the club money, there would have been nothing the EFL could do about it. Wigan’s own accounts state that the club is reliant on the owners funding to continue business. The owner withdrawing funding is not a force majure event, any more than the owner going personally bankrupt would be.If they try, and succeed, with a COVID-19 appeal, then every club should go into administration and restructure their finances.This all comes back to the failure of people to recognize that the EFL is not a regulator. The are a competition organizer.Isn’t the FA the regulator overall? Perhaps that’s where the pressure needs to be applied.2