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Pompey Takeover Saga


Fitzhugh Fella

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See Weston, this is what I'm hanging my cap on. Chainrai, who, due to his not being a secured creditor, but is in fact the 'owner' or not as the case may be:smt103:rolleyes:;). May find, that the original application for WO, means that he has no say whatsoever in what happens to Poor smouth, and this may be the Trump card for the Goverment:smt036

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My thoughts exactly m8. I remember thinking that same thing myself, ýou can have you're laugh now but one day we'll come back and **** on you'. As i said i was worried it would be many, many years, but what has happened in under a year is beyond my wildest dreams. And the irony with twitcher is that, he was double agent arry, helping to relegate us and go back to them. He is now 'Triple Agent Arry', on a top secret mission to destroy PCFC but he had to relegate us to make his defection look real. Before he goes to bed at night he cries passionate tears on a red and white shirt before ****ing on a blue one. That Bagpuss thing really ****ed me off too, and now that he has destroyed them financially with his eloborate signings, i can sleep easier knowing that we can laugh at them for that. The funniest thing of all is that Triple Agent Arry has the freedom of the dump he daringly and singlehandidly decimated. ****ing brilliant.

 

I don't know what the Oxford English Dictionary's definition of 'Karma' is, but you couldn't get a more classic example than this.

 

I'd love to sit him down on live TV and review the last ten years of his career. It wouldn't be the interview he was expecting and I'd like to think it would rival 'Frost/Nixon'!!

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See Weston, this is what I'm hanging my cap on. Chainrai, who, due to his not being a secured creditor, but is in fact the 'owner' or not as the case may be:smt103:rolleyes:;). May find, that the original application for WO, means that he has no say whatsoever in what happens to Poor smouth, and this may be the Trump card for the Goverment:smt036

 

i have never prayed to god before in my life, but tonight i will do, for this

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Sorry if I'm being thick about this, but I still can't get my head around the fact that they & their directors have been trading insolvently & illegally. So now they go into Administration & they can get away with this? "ring fenced" as quoted. now when they go to court to get Administration, is this one of the things the court will look at being insolvent or is it just whether they can get a viable club out of it at the end of the day.

Or is that they may be granted Administration but HMRC would then peruse the directors for their money?

 

IMO, the trading during insolvency thing is a non-runner. You would have to prove that a) the directors knew they were insolvent : b) they carried on regardless AND c) they knew there was no prospect of recovering the situation to the benefit of their creditors.

 

Part C is a massive loophole. All the directors have to do is produce a few dodgy letters of intent/interest from parties interested in buying PCFC and they can argue that it was in the best interests of all creditors that they continued their normal business because they were confident of obtaining further investment. It is very difficult to prove otherwise unless someone on the inside breaks ranks and spills the beans.

 

As much fun as it would be, I don't think we'll see the directors losing their homes etc over this.

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i have never prayed to god before in my life, but tonight i will do, for this

 

and now he's back in Hong Kong...which will leave Storrie as Fall Guy.

 

Hahahahahahaha...

 

Claridge BTW was very damning regarding the running of the club. He said 'I didn't think it was viable three years ago and nobody listened' - he also said, there was no-one to blame but those running the club.

 

He's the only honest Skate pundit out there.

 

Well done Steve. Wait for the slating from the Blue Few...

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****ing hell storrie, you complete and utter c unt

 

http://soccernet.espn.go.com/news/story?id=746923&sec=england&cc=5739

 

"Pompey chief executive Peter Storrie told Soccernet: "We are all waiting to hear what happens next. The staff face savage cuts. There are three parties, though, interested in taking over the club, so I don't anticipate it will be in the hands of the administrator for long.

 

"The Revenue are targeting the football creditors' rules. Football creditors take preference, and the Revenue believe they should. My big beef is that they have made an example of Portsmouth."

:smt018:smt071:trans::smt070:chain::gib::smt067:minigun::rock::tfrag::smt098

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http://www.guardian.co.uk/football/2010/feb/25/avram-grant-portsmouth-administration

 

"Portsmouth to enter administration tomorrow as takeover talks continue

This article was published on guardian.co.uk at 14.18 GMT on Thursday 25 February 2010. It was last modified at 17.25 GMT on Thursday 25 February 2010. "

From that guardian link:-

Andronikou, who will act as the administrator, will issue a detailed statement tomorrow outlining how the club will be restructured and made attractive for a potential buyer.

How the hell is going to do that LOL try and make a club with hardly any players of there own, rented ground, large footballing debts, HMRC to pay if they want a CVA. Attractive :smt036

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http://www.guardian.co.uk/football/2010/feb/25/avram-grant-portsmouth-administration

 

"Portsmouth to enter administration tomorrow as takeover talks continue

This article was published on guardian.co.uk at 14.18 GMT on Thursday 25 February 2010. It was last modified at 17.25 GMT on Thursday 25 February 2010. "

 

I can confirm that they are already in administration as of now.

My wife works for a company that deals with PFC and her company were called today to give them a service for which they would normally recieve, except that they have been on stop since they were unable to pay for said service.

The PFC representitive said she was calling on the instruction of the administrator who requested the service to be made tomorrow.

I don't want to divulge the nature of the service as it could compromise my wife or her company suffice to say that PFC need the service that my wifes company provide less now than they ever did before.

On a foot note to the above, I feel that this is bang out of order anouncing to companies over the phone today that they are in Admin, when there has been no official announcement.

The people to feel sorry for here are the PFC employees who run the club day to day operations.I do not mean the players or the likes of Story teller!

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I can confirm that they are already in administration as of now.

My wife works for a company that deals with PFC and her company were called today to give them a service for which they would normally recieve, except that they have been on stop since they were unable to pay for said service.

The PFC representitive said she was calling on the instruction of the administrator who requested the service to be made tomorrow.

I don't want to divulge the nature of the service as it could compromise my wife or her company suffice to say that PFC need the service that my wifes company provide less now than they ever did before.

On a foot note to the above, I feel that this is bang out of order anouncing to companies over the phone today that they are in Admin, when there has been no official announcement.

The people to feel sorry for here are the PFC employees who run the club day to day operations.I do not mean the players or the likes of Story teller!

 

Your wifes not Thai is she? (Just joking County Saint)

Edited by Gemmel
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I can confirm that they are already in administration as of now.

My wife works for a company that deals with PFC and her company were called today to give them a service for which they would normally recieve, except that they have been on stop since they were unable to pay for said service.

The PFC representitive said she was calling on the instruction of the administrator who requested the service to be made tomorrow.

I don't want to divulge the nature of the service as it could compromise my wife or her company suffice to say that PFC need the service that my wifes company provide less now than they ever did before.

On a foot note to the above, I feel that this is bang out of order anouncing to companies over the phone today that they are in Admin, when there has been no official announcement.

The people to feel sorry for here are the PFC employees who run the club day to day operations.I do not mean the players or the likes of Story teller!

 

I suppose if they have no money then they'll not be able to do much, including running the pay roll.

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Nah wait till next season for the -17 in Portsmouth T shirts instead :)

I much prefer the scenario where they get -15 for no CVA then they get the extra points for being in administration before to take it to -17 then they get another -10 when Mandric, Storrie Teller & saggy Chops are sent down & the club are done the extra points for directors acting fraudulently so as Luton had the other year -27 pts. Or more if you like!

Then we can have T-shirts made next January with something like

It's January & still -10 in Portsmouth :D

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it should never have been lifted in the first bloody place.

 

point of putting it in place now? after the transfer window?

 

good one PL.

 

I think its more of a sore point that Quincy Owusu-Abeyie played in the cup. He was signed after they finally got their transfer embargo lifted when they clearly still had no money. It should not have been lifted and he should not have been signed. Many have said he was the player he changed the game with the first goal and his all round performance.

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MEGA LOL ! ive had a reply from charles sale, wants my phone number to discuss!

 

GM, ive sent you a pm, only fair you do the talking, as you did the digging!

 

Wow missed this - was eating.

 

So does this mean this thread could be going National? OMG the pressure!

 

Do we have our image rights contracts all sorted out? I can probably handle the offshore bits but I'm really worried for the admins with the extra publicity the activity on the server could get out of hand.

 

Maybe we should sell advertising space (for Admin & Insolvency Companies) to pay for the upgrade needed

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Now, this is what I don't get. Chanrai lends Al Mirage £17M in October, 2009. Seemingly oblivious of the financial mess Pompey are in, he suddenly wakes up and smells the roses when the winding up petition is served on December 23rd, 2009.

 

Courtesy of the Companies House website and after spending the grand total of £1, I downloaded the particulars of the mortgage or charge, which was created on the 7th January, 2010. The mortgage form was completed and submitted by a Mr. Mark Jacob, then of Fuglers LLP, costing Chanrai all of £13 to register. The date of the registration is the 21st January, 2010 and is for "Any freehold or leasehold or other immovable property now vested in the Company including without limitation the property known as Fratton Park......all buildings, trade and other fixtures, fixed plant and machinery...by way of Floating Charge....by way of Legal Mortgage or fixed charge...."

 

So...Mark Jacobs, AFTER the winding up petition, slaps a charge on Fratton Park on behalf of Portpin Limited, Intershore Chambers, P.O. Box 4342, Road, Tortola, British Virgin Islands.

 

The observant reader may wonder about the timing of this and why the charge was not made, when the loan was made back in October.

 

You might also note that Portpin is registered in Tortola. As late as 1792, British authorities called Tortola "a pirate's nest." For many years Tortola was a major base for pirates bent on terrorizing professional sailors and soldiers, attacking treasure ships, and distributing the loot in strict accordance with the Pirate Coda or Code. Seems like history is repeating itself, although I hope HMRC has as much success as Her Majesties Royal Navy did, in preventing our tax money and VAT from being looted.

 

*There was an earlier charge deed on the assets dated 6th October, limited just to Fratton Park. The latest one was a debenture and sounds more wide ranging, but I'm not a lawyer...

 

Haven't read the intervening pages so I'm sorry if this has been covered but....

 

You can only register a charge within 21 days of its creation so there must have been another loan in December or it was suddenly decided that security was needed (if the latter is the case then that security could well be subject to challenge).

 

Whatever... anyone who still maintains that Chanrai's involvement is a coincidence and nothing to do with Arkadi Gaydamak needs their head examined.

 

It is also inevitable that this administration, assuming there is one, will be massively messy.

Edited by benjii
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So the logical conclusion is that an asset of PCFC was removed knowingly AFTER a WUP was made. Therfore, HMRC would have case to continue as Chanrai would no longer be a Secured Creditor and logically the Court should deny the application for Administration as the applicant is not a Preffered Cereditor and the DIRECTORS are liable for actions against the WUP,

 

Correct ?

 

No.

 

The petition hasn't been granted. It's stayed. A winding up hasn't commenced.

 

If it was that easy to cause a company to cease disposing of its assets, you could make all kind of mischieve by going around serving winding up petitions on people.

 

The questions that will need to be addressed is whether or not Chanrai's security can be challenged inder the insolvency act or whether the sale of Fratton Park can.

 

For the former, it would depend if it was a "Preference" (as defined in the Insolvency Act). I think this is unlikely, as on the face of it Chanrai lent them money so granting him the security wasn't treating him in any way unusually and was a perfectly reasonable commercial act.

 

For the latter question, it will depend whether the sale was at an "undervalue" or not. If it was at book value then, again, it's probably ok.

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Am I correct in thinking that HMRC precipitated the whole WUO process ? If so, why would they ?

 

Based on musings / factoids on here, (a) they would know that administration would seem to be a neat way of sidestepping the WUO, (b) with admin they know they are not preferred creditors and the 'football creditors' rule takes precedence, © given some assessments of PCFC's debts they might not even have the 26% needed to get a vote on a CVA, meaning they could end up with the square root of bu66er all.

 

There has to be something up their sleeve :)

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OK further opinion time:

 

Administration will not be overturned on Monday - the Winding up Order will be stayed.

 

Why?

 

Well if the club was trading insolvent before, all that trading is ring fenced and frozen from tomorrow.

 

The club is now being run by a qualified insolvency expert acting as Administrator. He will be working on behalf of the creditors. He will be looking, financed fully by Chainrai, to find a buyer for the football club which will be able to trade going forward.

 

A winding up will close the club, the players will be free agents and there will be no asset. No asset means no sale and no money for the creditors.

 

It is a no brainer. The court will not grant HMRC to proceed, of that I am pretty sure.

 

Let's hear from some of our insolvency experts (I mean those qualified in the field) Does my opinion hold water and is it the favoured opinion?

 

I agree.

 

In fact it's not even a question of the court considering whether HMRC can proceed or not. The company will enter admin and the hearing will be stayed - no consideration necessary. Simple as that.

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My opinion is (as a totally unqualified layman) that it is hardly likely that the new charge registered by Jacob was meant to make Portpins position as a creditor weaker, as a result. I think that any creditor with a "floating charge" may rank ahead of a creditor that simply has a "charge deed" registered. I guess it depends on the legal instrument lodged with Company's House that the legal charge refers to. This normally has to be lodged within 21 days of the charge being registered.

 

That may be why Barclays jumped to the head of the queue this week.

 

The Barclays thing is a massive red-herring. Forget it.

 

As I said above, the second security would have to have been preceded by a fresh loan in the prior 21 days. It's not a "normally"; it's an absolute or your charge would become an equitable charge only, not a legal charge.

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Message to GM...

 

Solent are having a live phone in tomorrow evening - with Andy Awful and Steve Claridge.

 

What a wonderful forum for your information... :-D

 

Why are people getting so excited about this incredible revelation that Chanrai has charges registered at Cos House - of course he fecking does.

 

And if you think a couple of ex-football players will have anything intelligible to say on the subject I suggest you'll be disappointed! ;)

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Why are people getting so excited about this incredible revelation that Chanrai has charges registered at Cos House - of course he fecking does.

I would bet a pound to a pinch of sh !t that the subsequent charge, following the date the winding up petition was served, was a modification of the original charge related to the original loan, not fresh money.

 

I don't know many lenders that would be happy to lend new money to a club that is subject to a winding up order...

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I would bet a pound to a pinch of sh !t that the subsequent charge, following the date the winding up petition was served, was a modification of the original charge related to the original loan, not fresh money.

 

I don't know many lenders that would be happy to lend new money to a club that is subject to a winding up order...

 

Maybe, although I don't think that would work. I seem to remember a sugestion that Chanrai had paid a tax bill at some point in the last month or so. Maybe this was done by way of a loan. More likely than a donation. Most lenders don't own 90% of a shower of **** football team ;)

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OK further opinion time:

 

Administration will not be overturned on Monday - the Winding up Order will be stayed.

 

Why?

 

Well if the club was trading insolvent before, all that trading is ring fenced and frozen from tomorrow.

 

The club is now being run by a qualified insolvency expert acting as Administrator. He will be working on behalf of the creditors. He will be looking, financed fully by Chainrai, to find a buyer for the football club which will be able to trade going forward.

 

A winding up will close the club, the players will be free agents and there will be no asset. No asset means no sale and no money for the creditors.

 

It is a no brainer. The court will not grant HMRC to proceed, of that I am pretty sure.

 

Let's hear from some of our insolvency experts (I mean those qualified in the field) Does my opinion hold water and is it the favoured opinion?

 

OK, I'm as qualified as you...so here goes......the biggie for me is that it's going to cost £20m to get the current playing staff through to June. A few will be out of contract then, but the rest (including Utaka, I suspect) will still require paying through the close season with no income, other than Sky money. The Sky money will be £5m for finishing bottom, plus £33m spread over 2 years in 4 instalments as parachute. So, the income at the end of the season, will be £5m and I think the first parachute is August, so £13m in total.

 

In my mind this means that they will be £7m short, and that's based on outgoings until the end of June. They then need to run the club until January for the 2nd payment.

 

Put simply, the tv money will not cover the debts they will build up between now and the end of the season, so I wouldn't be at all surprised if HMRC push for liquidation. When you throw in the attempts to hive off monies, as GM has mentioned, it makes a much stronger case for liquidation.

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Maybe, although I don't think that would work. I seem to remember a sugestion that Chanrai had paid a tax bill at some point in the last month or so. Maybe this was done by way of a loan. More likely than a donation. Most lenders don't own 90% of a shower of **** football team ;)

I really think I should start reading the Telegraph and give up trying to be a journo, Benjii. It seems my "story" was reported in yesterdays paper here.

 

Seems like these guys know more about asset stripping and tax avoidance than I ever will...

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The Barclays thing is a massive red-herring. Forget it.

 

As I said above, the second security would have to have been preceded by a fresh loan in the prior 21 days. It's not a "normally"; it's an absolute or your charge would become an equitable charge only, not a legal charge.

 

He leant the cash for the wages as at the end of December. They were desperate and he took charges at that point so it would seem

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Wow missed this - was eating.

 

So does this mean this thread could be going National? OMG the pressure!

 

Do we have our image rights contracts all sorted out? I can probably handle the offshore bits but I'm really worried for the admins with the extra publicity the activity on the server could get out of hand.

 

Maybe we should sell advertising space (for Admin & Insolvency Companies) to pay for the upgrade needed

 

i think we should do a Liebehhr and take the moral high ground, of we dont really need the money, the entertainment value has been well worth it on its own :D

 

having said that, we should be protecting the film and book rights, and selling the serialisation

 

i wonder who would play the main characters?

 

franny benali could play SBT

augustin delgado could play ali al mirage

liam gallagher to play avram grant

frankie dettori or the little one from the krankies could be gaydamk jnr

Edited by Saint Keith
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I really think I should start reading the Telegraph and give up trying to be a journo, Benjii. It seems my "story" was reported in yesterdays paper here.

 

Seems like these guys know more about asset stripping and tax avoidance than I ever will...

 

dont be so hard on yourself. the key point is that the 2nd charge was made after the wuo, which *may* be open to challenge on its validity

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So in summary Pompey are not toast, and are not likely to be toast for quite some time.

They will stagger on and hope to find a wealthy benefactor to keep them in the CCC.

or they have slipped up and HRMC have something up their sleeve. I will be surprised if they didn't see this coming and not ready for this action. The registrar was within a stroke of the pen to finish them off for good, I can't beleive the incompetance of the Pompey board to let it get that close..

As a football fan I am happy for their true fans, as a saints fan I hope that they plummet back to whence they came and as a citizen I dearly hope that all the dodgy deals are flagged and true justice is served.

Sadly I expect as Ive felt all along the best I can expect is that they get -9 relegated a weakened.

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if they win all their games they can get to 43 points, should be enough to stay up!

 

Thing is, winning 12 in a row is a long shot, when you have won 4 in your last 36 and not a single league game since 19th December - 9 games ago.

 

I think they might get relegated.

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So in summary Pompey are not toast, and are not likely to be toast for quite some time.

They will stagger on and hope to find a wealthy benefactor to keep them in the CCC.

 

Not for the first time nick, that this has been mentioned. Look at the club that will be Poor smouth. No Ground, no training facility's ( many of those used this season will lose moneys owed ), no parachute payments ( paying football debts/wages for the rest of the season ), minus points will be dealt out in the Championship ( if they get their Golden share ), investigation by fraud squad ( I hope;) ), and most of their team transferred or given away.....now seriously, who but a crook, would buy them:smt036:smt036

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dont be so hard on yourself. the key point is that the 2nd charge was made after the wuo, which *may* be open to challenge on its validity

 

Absolutely, it's definitely open to challenge.

 

Any transaction in the 12 months preceding the date of administration is, IIRC.

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