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Club Future - Administration or bust?

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finlaymcdanger
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wanderlust

wanderlust
Nat Lofthouse
Nat Lofthouse

Sluffy wrote:
wanderlust wrote:A few people have mentioned that Anderson's debt to the Davies family is £8 million, £5 million of which is secured against club assets. Does anyone know any details of this? - I'm just trying to work out what would be required to save the club.
Does it mean that ED loaned him 8 from the off but Anderson only put 5 of it into the club and kept 3 back? Or did ED give him the 3 on a different occasion?
Did Anderson pay the wages out of the 3?
If a potential saviour buys Anderson's debt does it mean they'd only have to buy the £5 million and the 3 would be Anderson's problem?

The more I find out about the arrangements, the more it seems to me that the decision to be liquidated - or not - is still very much in Anderson's hands i.e. it would be up to him to decide which course of action would have the least impact on his personal finances.

Your guidance appreciated.

Guidance from me would be appreciated would it - considering you've rubbished (often abusively) everything I've posted on Anderson's tenure for the last three years?

As I've posted several times a secured loan understood to be for £5 million is shown as a charge against assets at Companies House.

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A bloke who randomly turned up on the internet just over a week ago (by the name of Howard) states that another £3 million is owed by KA to Eddie.  He first said it was secured but when challenged changed his narrative to being unsecured.  The bottom line though was that Moonshift would not settle with KA unless they got £8 million from him.

That's not to say Moonshift would not settle for less from someone other than KA and sell the debt on.  It could even be for less than the secured amount of £5 million if they wished to take a discount simply to remove themselves from the position they are currently holding over the lien on the club ownership.

Moonshift however would still have loans (unsecured?) against the clubs assets.  I seemed to have read in the past that they now stand at £10 million after various write offs by Eddie, but don't know how factual that is.  Maybe they amount to just the £3 million that is mentioned above as part of the £8 million - I don't know.

I doubt very much Anderson as much of a say over liquidation.  He can't sell the club until he's cleared the lien on ownership shares with Moonshift and he can't stave off HMRC £1.2m winder petition unless he pays it off.  It's basically out of his hands either way - unless he wants to dip his hand into his own pocket - if so does he have the money to do so?

If I was a betting man I would put my money on someone buying the club share ownership debt at the last minute (as creditors would be more willing to agree deals if they thought there was a growing possibility that they might be worse off if the club was to be liquidated), then give Anderson a 14 day notice off taking ownership due to his default on repayment.

I guess their plan might be to acquire ownership of the club with reduced /or all debts, settled, with assets in excess of cost paid to do so, then sell on (or break up and asset strip?).  Just be speculating though.
Anything new? Anyone?

maconman


Mario Jardel
Mario Jardel

One or two things might become clearer as the accounts are required legally to be published by the end of the month. I suspect most of the things that are unclear have arisen since the end of June and we can only hope that they are covered in full by the auditors in post balance sheet events.

Sluffy

Sluffy
Admin

wanderlust wrote:
Sluffy wrote:
wanderlust wrote:A few people have mentioned that Anderson's debt to the Davies family is £8 million, £5 million of which is secured against club assets. Does anyone know any details of this? - I'm just trying to work out what would be required to save the club.
Does it mean that ED loaned him 8 from the off but Anderson only put 5 of it into the club and kept 3 back? Or did ED give him the 3 on a different occasion?
Did Anderson pay the wages out of the 3?
If a potential saviour buys Anderson's debt does it mean they'd only have to buy the £5 million and the 3 would be Anderson's problem?

The more I find out about the arrangements, the more it seems to me that the decision to be liquidated - or not - is still very much in Anderson's hands i.e. it would be up to him to decide which course of action would have the least impact on his personal finances.

Your guidance appreciated.

Guidance from me would be appreciated would it - considering you've rubbished (often abusively) everything I've posted on Anderson's tenure for the last three years?

As I've posted several times a secured loan understood to be for £5 million is shown as a charge against assets at Companies House.

[You must be registered and logged in to see this link.]

A bloke who randomly turned up on the internet just over a week ago (by the name of Howard) states that another £3 million is owed by KA to Eddie.  He first said it was secured but when challenged changed his narrative to being unsecured.  The bottom line though was that Moonshift would not settle with KA unless they got £8 million from him.

That's not to say Moonshift would not settle for less from someone other than KA and sell the debt on.  It could even be for less than the secured amount of £5 million if they wished to take a discount simply to remove themselves from the position they are currently holding over the lien on the club ownership.

Moonshift however would still have loans (unsecured?) against the clubs assets.  I seemed to have read in the past that they now stand at £10 million after various write offs by Eddie, but don't know how factual that is.  Maybe they amount to just the £3 million that is mentioned above as part of the £8 million - I don't know.

I doubt very much Anderson as much of a say over liquidation.  He can't sell the club until he's cleared the lien on ownership shares with Moonshift and he can't stave off HMRC £1.2m winder petition unless he pays it off.  It's basically out of his hands either way - unless he wants to dip his hand into his own pocket - if so does he have the money to do so?

If I was a betting man I would put my money on someone buying the club share ownership debt at the last minute (as creditors would be more willing to agree deals if they thought there was a growing possibility that they might be worse off if the club was to be liquidated), then give Anderson a 14 day notice off taking ownership due to his default on repayment.

I guess their plan might be to acquire ownership of the club with reduced /or all debts, settled, with assets in excess of cost paid to do so, then sell on (or break up and asset strip?).  Just be speculating though.
Anything new? Anyone?

So obviously my effort - despite all the past history between us - wasn't appreciated, or acknowledged, in the slightest - shows once again what sort of a man you really are.

rammywhite

rammywhite
Frank Worthington
Frank Worthington

maconman wrote:One or two things might become clearer as the accounts are required legally to be published by the end of the month. I suspect most of the things that are unclear have arisen since the end of June and we can only hope that they are covered in full by the auditors in post balance sheet events.

Doubt it- the auditors will only comment on what are called 'adjusting events' and negotiations to sell the club will not be there. What to watch for in the auditors report is whether they give a 'going concern' qualification or not. I suspect that they will. Also the directors are legally obliged to say whether, in their opinion, the business is a going concern or not (in the Directors Report) That's down to Anderson- so let's see what he says.
Of course that all depends on the business filing( publishing) its Accounts by the official date and as has happened before they might well default. The fine for doing so is paltry.

wanderlust

wanderlust
Nat Lofthouse
Nat Lofthouse

rammywhite wrote:
maconman wrote:One or two things might become clearer as the accounts are required legally to be published by the end of the month. I suspect most of the things that are unclear have arisen since the end of June and we can only hope that they are covered in full by the auditors in post balance sheet events.

Doubt it- the auditors will only comment on what are called 'adjusting events' and negotiations to sell the club will not be there. What to watch for in the auditors report is whether they give a 'going concern' qualification or not. I suspect that they will. Also the directors are legally obliged to say whether, in their opinion, the business is a going concern or not (in the Directors Report) That's down to Anderson- so let's see what he says.
Of course that all depends on the business filing( publishing) its Accounts by the official date and as has happened before they might well default. The fine for doing so is paltry.
Yup - late filing of accounts fines are peanuts. The last filed accounts were made up to end June 2017 so although from our perspective we'd love to find out what's really been going on for the last 20 months, I can't see Anderson being in any rush to tell us.
That said, do you think that in the event of a sale being concluded the new owners might file if only to provide a baseline of what they have inherited?
And do you think that the auditors would currently qualify Burden Leisure as a going concern despite as appears to be the case, the business has lost money and value throughout Anderson's tenure because their criteria are so low that the implication is that Burden Lesiure could survive if they sold everything and dropped several divisions?

rammywhite

rammywhite
Frank Worthington
Frank Worthington

wanderlust wrote:
rammywhite wrote:
maconman wrote:One or two things might become clearer as the accounts are required legally to be published by the end of the month. I suspect most of the things that are unclear have arisen since the end of June and we can only hope that they are covered in full by the auditors in post balance sheet events.

Doubt it- the auditors will only comment on what are called 'adjusting events' and negotiations to sell the club will not be there. What to watch for in the auditors report is whether they give a 'going concern' qualification or not. I suspect that they will. Also the directors are legally obliged to say whether, in their opinion, the business is a going concern or not (in the Directors Report) That's down to Anderson- so let's see what he says.
Of course that all depends on the business filing( publishing) its Accounts by the official date and as has happened before they might well default. The fine for doing so is paltry.
Yup - late filing of accounts fines are peanuts. The last filed accounts were made up to end June 2017 so although from our perspective we'd love to find out what's really been going on for the last 20 months, I can't see Anderson being in any rush to tell us.
That said, do you think that in the event of a sale being concluded the new owners might file if only to provide a baseline of what they have inherited?
And do you think that the auditors would currently qualify Burden Leisure as a going concern despite as appears to be the case, the business has lost money and value throughout Anderson's tenure because their criteria are so low that the implication is that Burden Lesiure could survive if they sold everything and dropped several divisions?

I think it highly likely that the Accounts will be filed late and I suspect that they will be qualified. The going concern issue is up to the auditors. They are Cowgill Holloway ( a reputable local firm!) and they need to decide if there is sufficient liquidity(or access to additional funds if required) to ensure that the business can continue to trade for the next twelve months, can pay its bills as they fall due. From what's in the public domain that is clearly not the case ,and so I think a qualified report is inevitable. That in itself might trigger the repayment of any commercial loans to the business bankers, as a qualified report is often in the contract(or covenants) which are terms of any loan and is followed by immediate repayment of any loans. Anderson will be fighting like a cat to try and ensure that the audit report is clean. But lets see what emerges.
Any new owners will file very quickly as there is nothing for them to lose by not doing so. Its  a well known ploy for  new managers to produce really poor Accounts to show that the base line from which they start to operate is so low that ,when success follows they can claim the credit. You see this currently when businesses issue a series of profit warnings. So if a takeover is completed ( and that's now a big IF) then I would expect to see the Accounts being filed so the new owners can start a fresh page . But the overall picture at the moment is dire

wanderlust

wanderlust
Nat Lofthouse
Nat Lofthouse

rammywhite wrote:
wanderlust wrote:
rammywhite wrote:
maconman wrote:One or two things might become clearer as the accounts are required legally to be published by the end of the month. I suspect most of the things that are unclear have arisen since the end of June and we can only hope that they are covered in full by the auditors in post balance sheet events.

Doubt it- the auditors will only comment on what are called 'adjusting events' and negotiations to sell the club will not be there. What to watch for in the auditors report is whether they give a 'going concern' qualification or not. I suspect that they will. Also the directors are legally obliged to say whether, in their opinion, the business is a going concern or not (in the Directors Report) That's down to Anderson- so let's see what he says.
Of course that all depends on the business filing( publishing) its Accounts by the official date and as has happened before they might well default. The fine for doing so is paltry.
Yup - late filing of accounts fines are peanuts. The last filed accounts were made up to end June 2017 so although from our perspective we'd love to find out what's really been going on for the last 20 months, I can't see Anderson being in any rush to tell us.
That said, do you think that in the event of a sale being concluded the new owners might file if only to provide a baseline of what they have inherited?
And do you think that the auditors would currently qualify Burden Leisure as a going concern despite as appears to be the case, the business has lost money and value throughout Anderson's tenure because their criteria are so low that the implication is that Burden Lesiure could survive if they sold everything and dropped several divisions?

I think it highly likely that the Accounts will be filed late and I suspect that they will be qualified. The going concern issue is up to the auditors. They are Cowgill Holloway ( a reputable local firm!) and they need to decide if there is sufficient liquidity(or access to additional funds if required) to ensure that the business can continue to trade for the next twelve months, can pay its bills as they fall due. From what's in the public domain that is clearly not the case ,and so I think a qualified report is inevitable. That in itself might trigger the repayment of any commercial loans to the business bankers, as a qualified report is often in the contract(or covenants) which are terms of any loan and is followed by immediate repayment of any loans. Anderson will be fighting like a cat to try and ensure that the audit report is clean. But lets see what emerges.
Any new owners will file very quickly as there is nothing for them to lose by not doing so. Its  a well known ploy for  new managers to produce really poor Accounts to show that the base line from which they start to operate is so low that ,when success follows they can claim the credit. You see this currently when businesses issue a series of profit warnings. So if a takeover is completed ( and that's now a big IF) then I would expect to see the Accounts being filed so the new owners can start a fresh page . But the overall picture at the moment is dire
So the auditors main criterion is 12 mths survival based on liquidity? 
Does that include leveraging loans against any remaining assets?

Anderson might be "fighting like a cat", however he's looking like a cat in a tank of sharks when it comes to getting a clean audit.

rammywhite

rammywhite
Frank Worthington
Frank Worthington

It  usually depends on scrutiny of the business plan for approx. the next 12 months- that would be the normal time to look at a business as a going concern, but that's not a statutory time period, just the usual one.
It could well depend on raising new funds from whatever source- such as operating cash flows, fresh loans or a new share issue. None of these look a likely source of financing to me, so my guess is that there is no way the auditors will see the business as a going concern.

gloswhite

gloswhite
Guðni Bergsson
Guðni Bergsson

Maybe we should ask Sir Jim Ratcliffe to buy us out. he's got a bob or two spare.

xmiles

xmiles
Jay Jay Okocha
Jay Jay Okocha

gloswhite wrote:Maybe we should ask Sir Jim Ratcliffe to buy us out. he's got a bob or two spare.

Just as long as we didn't have to relocate to Monaco.

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Sluffy

Sluffy
Admin

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Court list for tomorrow.

wanderlust

wanderlust
Nat Lofthouse
Nat Lofthouse

xmiles wrote:
gloswhite wrote:Maybe we should ask Sir Jim Ratcliffe to buy us out. he's got a bob or two spare.

Just as long as we didn't have to relocate to Monaco.

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You can forget the billionaire Brexiteers...they all farted in the room and left.

MartinBWFC

MartinBWFC
Ivan Campo
Ivan Campo

[You must be registered and logged in to see this link.] According to Jim White on Talk Sport now, he’s just spoken to Ken Anderson and he can’t come on Talk Sport for confidentiality reasons, however there is more than one buyer interested! Also he said he’s unsure if we are in court tomorrow!


Seems Anderson doesn't know we're in court tomorrow.

karlypants

karlypants
Nat Lofthouse
Nat Lofthouse

Just a pointer Martin about tweets...

If you click on the down arrow on the particular tweet, it will give you the option to embed tweet.

Select embed tweet and then copy the text in the box and paste it in the post box here.

The tweet will display correctly in the thread then. Smile

Growler


Tony Kelly
Tony Kelly

Ken hiding from going on the radio again doesn't bode well.He loved being in the limelight  at the start of the season when the team had a surprisingly good start

Cajunboy

Cajunboy
Frank Worthington
Frank Worthington

That didn't last long!

wanderlust

wanderlust
Nat Lofthouse
Nat Lofthouse

If there is a buyer in the offing and if Anderson is prepared to do a deal with them then it's not surprising he doesn't want to go on the radio and answer questions about it as he wouldn't be in a position to comment until things are finalised.
Equally if there's no real prospect of a deal, he wouldn't want to go on the radio to be questioned about WTF has he done/is doing.
Why talk Sport ever imagined that he'd give them an interview right now I can't imagine unless they think he is incredibly gullible.

Sluffy

Sluffy
Admin

Growler wrote:Ken hiding from going on the radio again doesn't bode well.He loved being in the limelight  at the start of the season when the team had a surprisingly good start

I don't think Anderson is a player in this anymore.

From what someone with a clear knowledge on insolvency and is clearly close to what is going on is saying the most likely outcome is as follows (as I understand it).

Admin is not an option because in simple terms the EFL won't allow it (they have a 'golden share' in each clubs ownership that gives them this right) unless whoever funds the Admin can show proof of being able to pay off all secured creditors  and 25% of the total of all unsecured debt, the aggregated total being said to be around £20 million.

Only the owner or defaulted creditor can do that - so Anderson can't afford to and it would cost HMRC more to fund the club in Admin (estimated to be about £1.5m per month), than the debt owing to them of £1.2m.

Moonshift will NOT call in the ownership shares because they then would be responsible for ALL the clubs current debts!

The Winder at the moment is a 'petition' and if it is cleared before the court hearing, other outstanding creditors can 'piggyback' on to it - which in turn costs more to stop the winder.

Anderson can't afford to pay back the reported £8m from Moonshift to gain control again and Basran doesn't either or they would simply deal with Moonshift direct to take control of the ownership share ownership debt - then serve Anderson a 14 days taking control of the goods (default) notice.

So putting all together this is how it is believed things will play out -

The winder 'petition' will be granted tomorrow and an 'order' made.

Liquidation however does not commence until a liquidator is appointed which usually takes seven days.

In that time the debt is bought from Moonshift, notice served on Anderson and then winder 'order' (which now remember can't be piggybacked on by other creditors) paid off in full.

As the club hasn't gone into Administration, there will be no points deduction or embargo.

There are however lots of stuff I don't really understand - mainly what is in it for the new owners to do all this - how do they recover their investment - but no doubt there must be a plan.

So if I've understood everything correctly and we are served a Compulsory Liquidation Order tomorrow, there is still a further week or so for everything to be made ok.

Fingers crossed anyway!

Natasha Whittam

Natasha Whittam
Nat Lofthouse
Nat Lofthouse

karlypants wrote:Just a pointer Martin about tweets...

If you click on the down arrow on the particular tweet, it will give you the option to embed tweet.

Select embed tweet and then copy the text in the box and paste it in the post box here.

The tweet will display correctly in the thread then. Smile

Translation: Martin you dipshit.

karlypants

karlypants
Nat Lofthouse
Nat Lofthouse

Natasha Whittam wrote:
karlypants wrote:Just a pointer Martin about tweets...

If you click on the down arrow on the particular tweet, it will give you the option to embed tweet.

Select embed tweet and then copy the text in the box and paste it in the post box here.

The tweet will display correctly in the thread then. Smile

Translation: Martin you dipshit.

Possibly not.

Probably doesn't work with protected tweets...

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