Cardiff look for anomalies to withhold payment to Nantes.

Discussion in 'Bulletin Board' started by oldschooltyke, Feb 12, 2019.

  1. old

    oldschooltyke Well-Known Member

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    https://www.bbc.co.uk/sport/football/47213352

    This bit below says to me that Cardiff are looking to squirm out of the payment to Nantes.

    Confirming the Nantes action, Dalman said: "Of course, if we are contractually obliged to pay them then of course we will. We are an honourable club.

    "But if we are not - and there are some anomalies in that - then surely you would expect me as the chairman and guardian of this club's interests to look into that and hold our position. That is what we are doing.
     
  2. Tob

    Tobys Knackers Well-Known Member

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    As utterly distasteful as it is - it is almost inevitable that there will be some litigation around the whole saga.

    From the various things I've heard it seems that an agent made alternative travel arrangements to those that the club had made.

    It is almost certain that there was not sufficient insurance cover in place for a "high net worth" passenger.

    > Club will look to sue agent for the loss incurred in failure to make appropriate arrangements.

    The agent suggests he contacted an agency used previously who would have had all appropriate cover in place but they sub-contracted it to another agency.

    > Agent will look to suggest Agency 1 failed to engage appropriate sub-contractor and sue them.

    > Agency 1 will look to blame Agency 2 for failure to have appropriate aircraft or insurances.

    There has been a suggestion (I haven't seen it confirmed) that the pilot did not the appropriate licence to fly passengers. IF that is true then the insurers of Agency 2 will void their insurance cover.

    If Cardiff can find issue with the paperwork they pass this headache on to Nantes and save themselves a small fortune in legal fees.

    There's serious reputational damage all round to consider too so it may well be that the financials of that are all carved up in private between all parties.

    It's an awful, awful thing to entertain but I can guarantee you that the first or second phone calls everyone made were to a lawyer!
     
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  3. dreamboy3000

    dreamboy3000 Well-Known Member

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    Typical behaviour you come to expect of Cardiff. If they didn't sign him he would still be alive. They need to pay Nantes what they are owed.
     
  4. man

    mansfield_red Well-Known Member

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    Jesus
     
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  5. Marc

    Marc Administrator Staff Member Admin

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    Out of order that.
     
  6. TitusMagee

    TitusMagee Well-Known Member

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    I've seen some pretty distasteful stuff on here but I think this tops the lot.
     
  7. dreamboy3000

    dreamboy3000 Well-Known Member

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    Don't be silly. He was on that plane because Cardiff were wanting him. It was a terrible tragic accident and you're replying like I have said something that's not true. You'd think I'd laughed at it.
     
  8. Redhelen

    Redhelen Well-Known Member

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    If the contract was signed I don't see how Cardiff can get out of paying.
     
  9. man

    mansfield_red Well-Known Member

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    If the Wright Brothers hadn't invented planes he'd still be alive. The *******.
     
  10. Dan

    DannyWilsonLovechild Well-Known Member

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    The fee will most likely have to be paid... I suspect Cardiff are looking into whether they can reclaim damages from insurers depending on who may have been at fault
     
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  11. Redhelen

    Redhelen Well-Known Member

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    I also don't think it fair on the pilots family to start casting aspersions before all the facts are known.
     
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  12. Sup

    SuperTyke Well-Known Member

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    That's not really relevant though is it. He's saying that it's wrong to use his death as a way to wriggle out of paying when in truth his death occured BECAUSE they had bought him.
     
  13. man

    mansfield_red Well-Known Member

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    It's exaggerated but relevant because he's looking to imply some form of causation/responsibility where there is none in any reasonable sense
     
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  14. BarnsleyReds

    BarnsleyReds Well-Known Member

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    The story goes (as far as I understand it) that the plane was booked against Cardiff’s wishes, by an agent working for Nantes.

    I honestly have no idea how it plays out from a legal point of view, but I think Cardiff are right to question it.

    I mean, this is going to sound awful, I’m sure, but if it was a sale of goods, an agent working for Nantes essentially arranged a delivery, which never arrived at the destination. I’m not trying to trivialise it, but I don’t think Cardiff are out of order for questioning it.
     
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  15. John Peachy

    John Peachy Well-Known Member

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    I think you are right on this, although surely a club would have key man / life insurance on the player?
     
  16. Sup

    SuperTyke Well-Known Member

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    Cardiffs insurance level for players was significantly lower than the value of his contract apparently
     
  17. Dub-Tyke

    Dub-Tyke Well-Known Member

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    The 3 things I know for sure:

    1) Cardiff asked him to go up to Newcastle with them to meet rest of the team for that night’s game. He decided to go to Nantes to collect items and say a proper goodbye - fair enough.

    2) Cardiff offered him a normal commercial flight, but he turned it down and made alternative arrangements.

    3) Cardiff’s insurers would only cover the loss (if such cover exists), once all other third parties involved clearly have no insurance for it themselves. I.e the plane’s owner, the person/agent who booked the flight and any other possible cover applicable. Insurers always go through that process in large claims - if someone else will pay before them, they’ll pursue that Avenue first.

    I can understand both arguments - although it is sensitive, commercially £15m for Cardiff and Nantes is a lot of money and there is a clear and obvious business case from both sides. If Nantes has no involvement in the plane or booking of it, I suspect they’ll be fine. The argument lies in who pays them.
     
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  18. John Peachy

    John Peachy Well-Known Member

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    That is their lookout then, unless the pilot was not qualified or the plane was not fit for purpose, if so they might have a case against the agent / hiree of the plane.
     
  19. Dav

    DavidCurriesMullet Well-Known Member

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    This could go on a while, new contract liability laws required maybe. UEFA may have to actually do something here. Not a good look with all the money splashing around.

    Only yesterday Ramsay signed on for an inflated contract. Cardiff and Nantes both can't afford to lose 15 million.

    We only dream of that sum, shows the divide in a very unpleasant way.
     
  20. man

    mansfield_red Well-Known Member

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    I doubt they have jurisdiction to do much here. They could of course choose to compensate the club(s) but I wouldn't hold my breath...
     

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