BackgroundEddie secured his loan against Inner Circle Investments Ltd.
https://find-and-update.company-information.service.gov.uk/company/09782053/chargesHow did Eddie give the loan money to KA?
Did he even give it to KA?
There is no record of ICI receiving £5m or more, in order to pay to BWFC (or KA directly) to put into BWFC/(Burnden Leisure or BW Football and Athletic Club) - so it doesn't seem to be that way.
KA registered a charge against BWFC although we do not know how much he secured it for - but KA claimed circa £7.5m but the Admin allowed just £1.6m.
IF he had really put in £7.5m and only £1.6m was deemed secured - then I would have thought the remaining £5.9m would be shown as an unsecured loan owed to him?
On the 16th September, 2018 a single share was issued for ICI bringing the share holding up to 2 in total - both held by KA.
Why???
ICI owned virtually all the shares in BL (circa 94.5%).
BL's Confirmation statement with updates 20th Oct, 2018 doesn't seem to show any new shares being issued - but there were updates although I can't work out what they were as there's simply to much detail and it is to small for me to easily read.
https://find-and-update.company-information.service.gov.uk/company/00335699/filing-historyBluMarbleTheir charge was against BL and was satisfied on the 24th Sept, 2018.
ConclusionThere doesn't seem on the surface to be an obvious paper trail as to how the money from Eddie that ended up paying off the BM loan was moved about.
As you say neither Eddie/EDT or KA seemed to have put additional funds into BL to pay off the debt due from BM and no previously unknown third party is shown as a new multi-million pound creditor of BL.
The only way I can think that payment could have happened without showing Eddie or KA shown to be owed anything and the BM debt being paid off is from a switch from a loan to equity in the company.
Maybe there is something in the detail of BL's Confirmation Statement of Oct, 2018 I can't see but there is nothing registered at CH that any new shares had been issued.
Did the Administrator believe Eddie had put £7.5m of his secured loan into equity at BL - and lost it all when the Company fell into Administration the following June?
It seems implausible to me without documentation existing to that effect.
I guess if it did happen KA took the £7.5m, registered a charge on BL then paid off BM.
That I think might then show BM being settled without a loan being owed to ED or KA. It would explain why £7.5m was taken off EDT's claim (the debt had been rolled into equity) and also KA's claim (that the money used to pay off the £5m BM loan was equity in the company and not a personal loan from him.
However I can't explain why then the Administrator allowed a £1.6m charge to KA?
And more importantly I can't understand how BM got paid or KA supposedly made the £7.5m charge? What I mean is even if Eddie said 'ok, reduce my loan by £7.5m, call it now equity and go and pay BM off with it - it doesn't magically make £7.5m suddenly appear in BWFC's bank account - does it!
Somebody has to put it there in order that the money can be wired to BM's bank.
To square the circle so to speak...
ED loaned KA £5m to pay off BM.
He had secured it against a personal loan with KA on ICI which owned the shares in BL
ICI issued a second share to KA, which presumably changed hands to ED and thus he became an equal partner in ICI
KA took the £5m loan (plus an additional sum???) and put a charge against BL before settling with BM in full.
If the Administrator believed there was a £7.5m loan to equity swop by ED that would explain where the money came from to pay off BM and not show a loan still outstanding to ED or KA - ED simply lost his money when the shares became worthless when the company fell into Administration
The Administers action of disallowing the £7.5m on EDT and KA's claims for secured charges left KA vulnerable for settlement of the personal loan he took out with ED to pay off the BM loan.
Epilogue
It still leaves me with the raft of questions I asked earlier on, such as why did KA take on the £5m loan personally against himself when he must have known he couldn't pay it back from anything he could make on the club anytime soon, if at all? And why did EDT simply not appoint the one Administrator for everything? Etc, etc, etc.
And added one or two new questions as well!
I think the answer probably is that the Administrator considered the £7.5m of Eddie's to be loan to equity, however I can't think of a mechanism or follow a paper trail to explain how that could be, or how it appeared in BL's bank account in order to settle the BM loan.
I'm stumped.
Then again could an external third party pay it off.
The contract is between BM and BL.
I guess there is nothing to stop say myself if I had a spare £5m under the mattress, to ring up BM and say would you mind at all if I cleared BL's debt with you today?
Therefore there's nothing to stop Eddie doing so or even KA in a personal capacity - the debt would be settled and there would be nothing on BL accounts showing ED or KA being owed for clearing the loan.
Of course neither would do that and apparently KA raised a charge - so I assume BL bank statement must have shown a receipt of at least £5m from him - in order to send it to BM to settle with them.
I keep coming back to the Administrator ruling Eddie had circa £7.5m less than he stated - how did that sum vanish?
Eddie did not take it out - so it must still be there - and the only way it can still be there and not shown as secured is if it was changed from a loan to equity...
...but where is the paperwork if that was the case - there isn't any.
Nope, still stumped.