Niculae

[MissICT]

hmmmm.

:024:.

somethings No right!

[Council Juice]

nicalue,s agent said on mfr that he knew  littleabout the deal,and marius negotiatred it himself :029:

Any chance that Niculae while away on personal business sorted out personal terms and now the club are having to finalise the fee.

Has Niculae been in breach of contract?

[Guest birdog]

hmmmm.

:024:.

somethings No right!

reedee, I saw you posted and assumed that your very, very reliable source had shed some light on this matter for us. Oh well, back to second guessing the minds of the ICT BoD for me then.

[MissICT]

It's all lies!!

:blah01:.

[Yngwie]

This stinks. Again the board see it fine to drag the clubs name through the mud.

On what basis do you make that statement? The fact that you don't understand what is happening?

[Scotty]

I am sure that two very different stories will be presented when the dust has settled .... and like most things, the real story will be somewhere in the middle.

[CaleyD]

nicalue,s agent said on mfr that he knew  littleabout the deal,and marius negotiatred it himself :029:

Any chance that Niculae while away on personal business sorted out personal terms and now the club are having to finalise the fee.

Has Niculae been in breach of contract?

Can't see how the fee could be in dispute given the fact that Dinamo published the Invoice from the club for 500,000 Euros, a letter from the club to the same effect and a copy of the Bank Transfer sending the funds to ICT's Bank Account.

We might not have any facts to show what the exact reasons for the delay are....but we do have some facts which put certain reasons/excuses in serious doubt.

[Yngwie]

I've been doing some digging in to the difference (25,000 Euros) between the fee invoiced by ICT and the amount paid by Dinamo as I thought that might have been the cause of the delay.

However, it would appear that this is a statutory 5% "Solidarity Contribution"...extract from FIFA Regulations on the Status and Transfer of Players.

I wouldn't be at all surprised if this is indeed the dispute, with perhaps ICT agreeing to accept 500,000 Euros thinking it was the transfer fee net of the deduction, or maybe not even being aware of this rule. We sent an invoice for 500,000, indicating that to be the net sum we expected to receive. This could also explain why on the Dinamo website when they published the documents they specifically pointed out that the mandatory 5% deduction had been applied. Why else would they point that out?

[CaleyD]

I've been doing some digging in to the difference (25,000 Euros) between the fee invoiced by ICT and the amount paid by Dinamo as I thought that might have been the cause of the delay.

However, it would appear that this is a statutory 5% "Solidarity Contribution"...extract from FIFA Regulations on the Status and Transfer of Players.

I wouldn't be at all surprised if this is indeed the dispute, with perhaps ICT agreeing to accept 500,000 Euros thinking it was the transfer fee net of the deduction, or maybe not even being aware of this rule. We sent an invoice for 500,000, indicating that to be the net sum we expected to receive. This could also explain why on the Dinamo website when they published the documents they specifically pointed out that the mandatory 5% deduction had been applied. Why else would they point that out?

"Ignorantia juris non excusat"

The Regulations clearly state that the 5% is to be withheld from the agreed fee, not that the receiving club should pay a sum of 5% over and above the agreed fee.  Even if the club were not aware of the fee then a simple check of the regulations or call to FIFA would have cleared it up in minutes (or even hours) instead of days.

If I was Dinamo and I had the need to publish documents to prove the transfer was, as far as they could control, complete, then I too would want to explain any discrepancies in the documentation which might not be obvious to those reading them.  Had I spoken Romanian then I might have been able to pick up on it sooner, but as it was I had to read 20 pages of a 40 page document on the subject to find the answer....had they not used the word "solidarity" in the text on their site which I managed to pick up on a search of FIFA articles....then I might still be looking  :001:

[MissICT]

NO DEAL HAS BEEN MADE!

I KNOW BY A  REALIBAL SOURCES!!!!

[CaleyD]

The documents showing the payment of the funds are still on the Dinamo site in case some haven't seen them and are wondering what we've been taking about.

http://www.fcdinamo.ro/arhiva.php?arhiva=s...&stire=6228

[MissICT]

How do u know it's real?

[Guest birdog]

How do u know it's real?

reedee I don't say this often on web forums but......

get a grip

[Scotty]

How do u know it's real?

What makes you think it isnt ?

[MissICT]

can you prove it's real?

I have sources!

[TomCaleyJag]

Yes because a teenage girl is going to know more about the transfer than the official website of one of the clubs involved  :tic01: :029:

[MissICT]

You don't know me!

I do have a sources!

[CaleyD]

Timeout!!!!

Reedee, if you have "sources" then that's fine, you can choose whether or not you wish to reveal these sources or provide information to back up your claims or not.

If you choose not to then people can only base their opinions on what they have in front of them, and at this moment in time there's no proof to suggest these documents are false....in fact, the legal implications of putting falsified documents on their website would stretch far beyond the value of signing Niculae and I very much doubt they'd be so stupid.

Saying "I have Sources" over and over again proves nothing and only serves to clog up the conversation.

[CELTIC1CALEY3]

http://news.bbc.co.uk/sport1/hi/football/t..._ct/7515785.stm

Not the best start to married life.

[Glen Mhor]

this all seems to be handled very poorly

That's pretty obvious looking at the situation from afar. Just what exactly is going on up there ? I think we should be told the facts by the club. Certainly not the kind of carry on we want or need at the start of the new season.

:024:

[Alex MacLeod]

This so called 'solidarity fee'. Not sure I quite understand it but I thought it was only payable if a player is under 24 at time of transfer.

[CaleyD]

Your thinking of the Training Compensation Fee, Alex

Article 2 Payment of training compensation

1. Training compensation is due when:

i) a player is registered for the first time as a professional;

or

ii) a professional is transferred between clubs of two different associations (whether during or at the end of his contract)

before the end of the season of his 23rd birthday.

[CaleyD]

It gets worse and worse.....first we had reports he was off to Germany, then news broke he was off to Dinamo, then we have a story that ICT were saying no fee had been agreed....and now they're saying they agreed a fee, but now they want Niculae to forego payment the club had agreed with him previously (contractually I would assume).

I wonder what the story will be when we wake up tomorrow?

[Alex MacLeod]

CD Niculae is 27.

I wonder was he paid his full contractual fee up front and the club now want some of that cash back.

[CaleyD]

CD Niculae is 27.

Exactly, which is why he falls into the Solidarity Payment category and not the Training Compensation category.

I wonder was he paid his full contractual fee up front and the club now want some of that cash back.

If that is the case, and I can't see any club doing such a thing, then we have to bare in mind a couple of things.

1.  ICT agreed terms with Dinamo, invoiced them for payment and received it.

2.  Marius has agreed terms with Dinamo.

That's how any normal transfer goes.

I'm no expert, but I would imagine one of the first questions any court or panel would ask ICT is "Why did you agree terms with Dinamo and invoice them for payment before you had concluded any outstanding issues with the player?"