Well said, i like the "cheats charter" bit.This quote is hidden because you are ignoring this member. Show Quote![]()
View Poll Results: What's your preferred outcome from the financial problems over at Yam land?
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03-04-2013 01:40 PM #10591
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03-04-2013 01:41 PM #10592This quote is hidden because you are ignoring this member. Show Quote
Where would you expect the money for the creditors to come from? If that was to come from the phoenix company in every case, there would be no point in any administration.
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03-04-2013 01:51 PM #10593This quote is hidden because you are ignoring this member. Show Quote
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03-04-2013 02:08 PM #10594This quote is hidden because you are ignoring this member. Show Quote
Saving the state in benefits and maximising tax take? Come on CWG you are having a laugh HMRC are getting shafted right left and centre and I hardly think the amount in benefits to Rangers or Hearts employees is going to cripple the government.
No doubt administration is a lucrative business for the financial types among us but is nothing but a businessman's tool of last resort to avoid debt.
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03-04-2013 02:09 PM #10595This quote is hidden because you are ignoring this member. Show Quote
Last edited by Part/Time Supporter; 30-06-2013 at 06:35 PM. Reason: quote fixing
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03-04-2013 02:11 PM #10596
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Renting out your spare room to a pal for £25 a week would have Joe Public up in court feaster than a bank boss passing the buck. But screw the state, other companies and your creditors for zillions....Murray, White, The Wonga Dome Boys and hey lads try again next week but just change the names to Murrays, Whyte or maybe Pink Dome and its all fun and games again in the boardroom.
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03-04-2013 02:14 PM #10597This quote is hidden because you are ignoring this member. Show Quote
2. the question of the property has still to be sorted out, as you know.
3. HMRC have been shafted, but the administration route allows them the chance to recoup some of that by keeping people in jobs. Again, if you took over HMV, you would keep most of the staff. That is a plus for the taxpayer.
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03-04-2013 02:18 PM #10598This quote is hidden because you are ignoring this member. Show Quote
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03-04-2013 02:21 PM #10599This quote is hidden because you are ignoring this member. Show Quote
But I agree with the point you are making.
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03-04-2013 02:22 PM #10600
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As far as I can see we have great difficulties in seperating the law from emotions. Of course The Rangers are going to claim that all the trophies etc belong to them and their history is continuous, so would we, lets be honest. Problem is of course that by law they are a different company and not liable for the debts Rangers FC amassed. It is time to let it go in my opinion. That does not mean that I don't argue with every hun I meet (a lot) that they have a moral and in my view social responsibility to repay the small businesses that the Oldco owed money to. Neither does this mean that I have any sympathy with them by the way and that.
The new rules brought in by the SFA have to be swingeing enough to punish. That is the bit that remains to be seen if they will or not.
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03-04-2013 02:36 PM #10601This quote is hidden because you are ignoring this member. Show Quote
Had they had the 18-point penalty, and faced relegation, that would have been morally just. However, if administration takes place after the end of the season, the penalty is likely to be about a dozen.
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03-04-2013 02:36 PM #10602This quote is hidden because you are ignoring this member. Show Quote
Last edited by Part/Time Supporter; 30-06-2013 at 06:36 PM. Reason: quote fixing
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03-04-2013 03:05 PM #10603This quote is hidden because you are ignoring this member. Show Quote
2. i will be long dead before any question is raised over the value of the property bought and Charles Green won't be losing any sleep over paying any more. Just ain't going to happen.
3. HMRC preferred to choose liquidation in Rangers case to try to set an example but it will be years before they recoup any money they have lost by relying on the continuing taxes from Sevco. Another piss poor reason for letting them off with buckets of debt.
If they can't pay their debt shut them down till they can, that would lead to financial fair play suddenly being important but of course isn't an revenue stream for administrators, lawyers and accountants.
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03-04-2013 03:10 PM #10604This quote is hidden because you are ignoring this member. Show Quote
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03-04-2013 03:24 PM #10605This quote is hidden because you are ignoring this member. Show Quote
Why not make companies pay their debt CWG or do administrators only care about them and not their creditors? I know the official answer to that but would be hard pressed to believe Duff and Phelps gave the creditors anything but the necessary lip service.
I guess we are not going to see eye to eye on this CWG and respect your informed opinions over my more laymans emotive opinions but I truly rank football administration scandals up there with the scandals of politicians expenses and bankers bonuses.
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03-04-2013 03:30 PM #10606This quote is hidden because you are ignoring this member. Show Quote
To answer your question, how can you make companies pay when there is no money? It's as simple as that. If there have been shady dealings by the directors then, yes, they can be made to pay. And that may happen with RFC yet. But, the phrase "blood out of a stone" is one I have used many times, and that's, sadly, the most common situation.
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03-04-2013 03:43 PM #10607This quote is hidden because you are ignoring this member. Show Quote
CWG, I admire your commitment to the cause but here is an example of why most people think the current system isn't working. I've quoted the relevant parts below.
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"FORMER Celtic star Pierce O'Leary has been declared bankrupt with debts of more than £200,000.
The former Republic of Ireland international, who now runs a cleaning business in Glasgow, was declared insolvent after failing to settle large bills."
"He is thought to have applied for bankruptcy after running up debts of £214,378. It was approved by Scotland's insolvency service, the Accountant In Bankruptcy, last week."
"Mr O'Leary lives with his family in a luxury home in Thorntonhall, South Lanarkshire, one of Scotland's most exclusive areas."
"Company accounts show the company changed its name to McWiggan Services in January. A new company, called Safehands Cleaning, has been set up, with Mr O'Leary's wife appointed as a director."
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So, to summarise, his company goes mammaries skyward owing over 200k. He changes the name of the company and puts it into administration. He then starts a new company with the same name as the old one and carries on working from the same offices (sound familiar?).
But it's OK, his new company will be paying tax to HMRC.......
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03-04-2013 04:09 PM #10608
I can understand why everyone thinks admin is an easy option but it really is not. Especially for Hearts.
I imagine that any attempt to borrow by any Scottish football club will be rejected for the foreseeable future. The new Rangers struggled to even get a Bank account. They had to raise their working capital through a share issue.
A new Hearts is going to need lots of money fairly quickly as they need a new stadium. Borrowing from a bank will not be an option and another share issue will not raise the required amount.
They will come back in some form but it won't be pretty.
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03-04-2013 04:19 PM #10609This quote is hidden because you are ignoring this member. Show Quote
A few practical points from the O'Leary story:-
1. HMRC will be aware that a new company has been set up in the name of Mrs. O'L. They will be watching closely. The VAT office, in particular, have a procedure whereby anyone associated with a company that is insolvent have to declare that fact. Mrs.O'L will have to do that. In some cases I have known, they ask for monthly returns to start with (rather than quarterly ones), to protect their position. I have also heard of bonds having to be put up.
2. suppliers, it they are diligent, will either refuse to deal with the new company or get money up front. That will hurt.
3. the company's bank should have a personal guarantee from Mrs. P, and a charge over the house.
4. given 1 and 2 and, particularly, Mr P's record in business, it won't be long before the company is in trouble again.
Point 1 protects us. 2 and 3 protects the major creditors. Point 4 satisfies those of us who believe in karma.
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03-04-2013 04:57 PM #10610This quote is hidden because you are ignoring this member. Show Quote
Monthly returns rather than quarterly? Please!
I appreciate what you're saying is correct, but imo your defence of the existing position is only exacerbating the annoyance which laypeeps feel, with total justification, at these cons.
Peeps like O'Leary who are quite clearly at it, no doubt with the full assistance of an accounting professional or two, should be thrown in the workhouse. I'll quite happily cough up the extra share of my tax to ensure this happens.
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03-04-2013 05:02 PM #10611This quote is hidden because you are ignoring this member. Show Quote
If PO'L is "at it", as you put it, then he can be prosecuted. Wrongful trading is a crime, not a con.
And, again.... I am not defending the existing position. Merely telling it like it is. If anyone can come up with a better way,....... etc etc.Last edited by CropleyWasGod; 03-04-2013 at 05:12 PM.
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03-04-2013 05:13 PM #10612This quote is hidden because you are ignoring this member. Show Quote
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03-04-2013 05:18 PM #10613This quote is hidden because you are ignoring this member. Show Quote
Many people seem to have an 18th century view of insolvency processes. They are no longer meant to be a punishment, we don't send people to jail for trying to do well in a business but failing - we do though send them to jail for fraudulent practice. In america they encourage entrepreneurs because that is how you grow an economy and in a recession it is blooming difficult to keep a business afloat and sometimes even with all the best will in the world businesses go under owing money.
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03-04-2013 05:22 PM #10614This quote is hidden because you are ignoring this member. Show Quote
If he took on debt after the company can be held to have been insolvent, then that's against the law. It's wrongful trading, for which he can be prosecuted. Moreover, he can be held personally liable for any debts incurred after that date.
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03-04-2013 05:32 PM #10615This quote is hidden because you are ignoring this member. Show Quote
I'm sorry, but that's all 'ifs, buts and maybes'. There is nothing substantive whatsoever in that to ensure that what is right and just will be done.
This quote is hidden because you are ignoring this member. Show Quote
I normally enjoy what you write but you appear to me to be trying to defend the indefensible. You've failed miserably
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03-04-2013 05:33 PM #10616This quote is hidden because you are ignoring this member. Show Quote
Your last paragraph is very true. What hasn't been considered is that it may not have been O'Leary's fault. We (me included) are assuming that he was either "at it" or just a crap businessman. Sometimes, though, it's out of one's hands. If, for example, a big housebuilder goes under, then there is a domino effect. Materials suppliers, utility companies, subbies, cleaning contractors.... they all suffer. It's often the case that one insolvency leads to many others. Without the full facts of this case, it's probably wrong to judge him.
This quote is hidden because you are ignoring this member. Show QuoteLast edited by Part/Time Supporter; 30-06-2013 at 06:38 PM. Reason: posts merged
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03-04-2013 05:38 PM #10617This quote is hidden because you are ignoring this member. Show Quote
There's a widespread perception that peeps do get away with things they shouldn't. The the huns is just a particularly flagrant example.
On the question of whether throwing peeps in workhouses would dampen the country's entrepreneurial spirit, it might well. So what? How much worse off would the country be with Murray, Whyte, Goodwin (and many, many others) sewing mailbags?Last edited by lapsedhibee; 03-04-2013 at 05:46 PM. Reason: canna spel entrepreneurial write
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03-04-2013 05:53 PM #10618This quote is hidden because you are ignoring this member. Show Quote
On the last point, that's a 10-pager. I reckon that, with the economy the way it is and with jobs for young people at a premium, that generation will increasingly turn to self-employment as the way forward. Discouraging that would have serious social and economic costs.
Entrepreneuralism (is that a word?) is not just about those characters you mention. It's also about the guy who paints your house, your corner-shop, your IFA. I wouldn't fancy a society without them, where we are reliant on Tesco and the likes.
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03-04-2013 06:26 PM #10619This quote is hidden because you are ignoring this member. Show Quote
I have come across a few peeps who have got into such difficulties and gone bankrupt. Only one that I know of has made a point of repaying his old debts after a restart. Great credit to him for doing that voluntarily - but that attitude should be the norm, not an isolated, eccentric instance.
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03-04-2013 06:39 PM #10620This quote is hidden because you are ignoring this member. Show Quote
I don't know of anyone, personally, who has ever gone into business with the attitude of "oh well, if it fails, sod the suppliers, I'll start again". The kind of people I deal with normally have their house and family life on the line. And, yes, generally those are the type of people who would pay back their creditors if they could. Playing Devil's Advocate (again), those are the type of people who perhaps should have some protection if things don't work out, whether by their own fault or otherwise.
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