Well good for Bonce if he understands more than blockhead me!
And, yes I did believe what the Administrator stated on his report to the High Court case...
IN THE HIGH COURT OF JUSTICE
3118 of 2019
IN THE MATTER OF
THE BOLTON WANDERERS FOOTBALL & ATHLETIC COMPANY LIMITED IN ARMINISTRATION
AND
THE INSOLVENCY ACT 1986
...is it normal for official court representatives to lie in their reports to the High Court?
I don't believe so?
Anyway this...
If the money was loaned to KA to do with what he pleased then ED simply could not secure it against BL without some form of legal agreement.
So your belief is that he didn't so his secured charge of a further £7.5m to BL was false?
So where did the money go?
£5m paid off BM and KA received the £2.5m part of which he put £1.6m into BM and made his secured creditor claim for £7.5m in Oct 2018.
So I guess he could claim that he invested £7.5m into BL - PROVIDED THAT THIS CONTRACTUAL 'AGREEMENT' (with KA) IS COMPLIANT WITH THE INSOLVENCY LEGISLATION - as I may have already mentioned once or twice...
So yes this could potentially be the case with the Administrator striking off his claimed security.
So what was the intent of both ED and KA at the time of the loan and why did they structure it as they did?
BM had to be paid or they would start a winding up petition against BL.
Both ED and KA knew the financial position of BL was all but insolvent.
Why would KA risk £7.5m of his own money to save it? No he would not.
Why would he then seek a £7.5m loan off ED if he was never intended to be on the hook for this £7.5m from his own pocket???
Why didn't ED just pay BM directly and not involve KA at all.
Why didn't he just let BL fold - he must have known it would without him as he clearly understood KA would not put his hand and spend his personal wealth to save it.
All that went on seem to be some sort of elaborate charade to me simply to put ED's money into BL to pay off BM, with no intent for KA to be at any financial risk.
And quite frankly that is exactly how it ended, EDT took the hit as ED had intended that he himself would have taken.
I simply find it difficult to believe that the Administrator was really any part of this and KA and EDT simply mutually agreed to do a joint Administration to safeguard their own financial positions whilst the Administrator went through the books and unpicked the charade that had happened and ruled the way the charade was constructed and played out simply did not comply with the Insolvency legislation as it is required to have done.
You clearly see some malice in this somewhere.
Whether there was or wasn't its all gone now, lines ruled under it at as with Brexit, we all have to live with it and move on.
Maybe I'm missing something here but when a charge is made against assets doesn't the charge specify the amount of money loaned to the company?
If so and ED claimed he had put in the full £7.5m, then how could KA also claim that he'd loaned/invested a separate sum of £7.5m as well???
(Or visa versa).
Something is clearly amiss with the secured claims in Sept/Oct 2019.
They can't both be right - and ED got his in first!
And, yes I did believe what the Administrator stated on his report to the High Court case...
IN THE HIGH COURT OF JUSTICE
3118 of 2019
IN THE MATTER OF
THE BOLTON WANDERERS FOOTBALL & ATHLETIC COMPANY LIMITED IN ARMINISTRATION
AND
THE INSOLVENCY ACT 1986
...is it normal for official court representatives to lie in their reports to the High Court?
I don't believe so?
Anyway this...
Ten Bobsworth wrote:In this case you seem to have assumed that Fildraw were claiming £17million from Burnden Leisure on the basis of the Administrators statement of what Fildraw's belief was. But is that what Fildraw were really doing or really believed?
They were owed £10m by Burnden Leisure but what about the rest? Was it owed to Fildraw by Burnden Leisure or by Ken Anderson? It was one or the other not both.
If the money was loaned to KA to do with what he pleased then ED simply could not secure it against BL without some form of legal agreement.
Ten Bobsworth wrote:Is it possible that there was an undisclosed arrangement by which Burnden Leisure were liable to repay Fildraw if Ken Anderson didn't? If there was it would be clearly documented and not a matter of belief or uncertainty.
So your belief is that he didn't so his secured charge of a further £7.5m to BL was false?
So where did the money go?
£5m paid off BM and KA received the £2.5m part of which he put £1.6m into BM and made his secured creditor claim for £7.5m in Oct 2018.
So I guess he could claim that he invested £7.5m into BL - PROVIDED THAT THIS CONTRACTUAL 'AGREEMENT' (with KA) IS COMPLIANT WITH THE INSOLVENCY LEGISLATION - as I may have already mentioned once or twice...
So yes this could potentially be the case with the Administrator striking off his claimed security.
Ten Bobsworth wrote:So what was going on? What was the motive behind all this ambiguity and other nonsense?
You'll have to draw your own conclusions but the effect on Ken Anderson and his family could have been catastrophic if Fildraw had decided to sue for the debt that Ken Anderson owed it without being able to rely on the legal safeguards Anderson's lawyers had set up in good faith.
So what was the intent of both ED and KA at the time of the loan and why did they structure it as they did?
BM had to be paid or they would start a winding up petition against BL.
Both ED and KA knew the financial position of BL was all but insolvent.
Why would KA risk £7.5m of his own money to save it? No he would not.
Why would he then seek a £7.5m loan off ED if he was never intended to be on the hook for this £7.5m from his own pocket???
Why didn't ED just pay BM directly and not involve KA at all.
Why didn't he just let BL fold - he must have known it would without him as he clearly understood KA would not put his hand and spend his personal wealth to save it.
All that went on seem to be some sort of elaborate charade to me simply to put ED's money into BL to pay off BM, with no intent for KA to be at any financial risk.
And quite frankly that is exactly how it ended, EDT took the hit as ED had intended that he himself would have taken.
I simply find it difficult to believe that the Administrator was really any part of this and KA and EDT simply mutually agreed to do a joint Administration to safeguard their own financial positions whilst the Administrator went through the books and unpicked the charade that had happened and ruled the way the charade was constructed and played out simply did not comply with the Insolvency legislation as it is required to have done.
You clearly see some malice in this somewhere.
Whether there was or wasn't its all gone now, lines ruled under it at as with Brexit, we all have to live with it and move on.
Maybe I'm missing something here but when a charge is made against assets doesn't the charge specify the amount of money loaned to the company?
If so and ED claimed he had put in the full £7.5m, then how could KA also claim that he'd loaned/invested a separate sum of £7.5m as well???
(Or visa versa).
Something is clearly amiss with the secured claims in Sept/Oct 2019.
They can't both be right - and ED got his in first!