Debt Recovery
FOOTBALL DEBT RECOVERY REGULATIONS
The FDR Regulations are applicable to Participants at Steps 5 and below only and The FA Women’s Football Pyramid excluding The FA Women’s Super League. Each Affiliated Association shall operate a system to adjudicate upon and facilitate the recovery of Football Debt, which conforms with the FDR Regulations. Unless otherwise defined in the FDR Regulations, words and expressions shall have the same meaning as set out in the Rules, as amended from time to time.
The following defined terms are used in the FDR Regulations only:
“Alleged Creditor” means a Club, Competition or local authority which is allegedly owed a Football Debt by an Alleged Debtor;
“Alleged Debtor” means a Player (except Players who are under 18 years old and play in an Under 18 Competition), Club Official, Official, Manager, Match Official, Management Committee Member, or member or employee of a Club which allegedly owes a Football Debt to an Alleged Creditor;
“Appeal Board” means the appeal board of an Affiliated Association;
“Appeal Notification” means a written and dated notification of the decision of the Appeal Board inrespect of a claim;
“Deadline” means the expiry date of the 112 day period which commenced when the relevant Football Debt arose;
“FDR Regulations” means the Football Debt Recovery Regulations;
“Football Debt” means any cost incurred by an Alleged Creditor on behalf of an Alleged Debtor which is (i) equal to or larger than £25 (save for the recovery of disciplinary fines) and (ii) arose directly from football activity including, but not limited to, disciplinary fines and costs, Match fees and costs, Club subscriptions and playing expenses (e.g. pitch hire). For the avoidance of doubt, incidental costs (e.g. fund raising activities) do not fall within the scope of the FDR Regulations. In the event of a dispute as to what constitutes a Football Debt, the relevant Affiliated Association may, in its absolute discretion, determine the matter.
“Formal Request” means a written and dated request for payment of a Football Debt;
“Notice of Appeal” means a written and dated notice of appeal against a decision of the Affiliated Association in respect of a claim;
“Notice of Claim” means a written notice of claim for the recovery of a Football Debt from an Alleged Debtor which is submitted by the Alleged Creditor to the Alleged Creditor’s Affiliated Association prior to the Deadline ;
“Notification” means a written and dated notification of the decision of the Affiliated Association in respect of a claim.
1 In the first instance, an Alleged Creditor must take reasonable steps to recover a Football Debt, including the serving of a Formal Request on the Alleged Debtor.
2 If a Football Debt has not been recovered within 28 days of the date of the Formal Request, the Alleged Creditor may submit a Notice of Claim, provided this is done prior to the Deadline.
3 In order for a Notice of Claim to be valid, an Alleged Creditor must (i) include all relevant details about the Football Debt(s) which is the subject of the claim and the manner in which it is alleged to have arisen and what steps have been taken to recover it; (ii) provide a copy of the Formal Request and; (iii) provide the full name, last known address and date of birth of the Alleged Debtor (if known); (iv) pay an administration fee of £25 in respect of each
Football Debt detailed in the Claim at the same time as filing the Notice of Claim. This fee may be added to the total debt claimed from the Alleged Debtor.
4 Upon receipt of a valid Notice of Claim, the Affiliated Association shall take steps to verify whether the Football Debt(s) is payable by the Alleged Debtor to the Alleged Creditor. The
Affiliated Association shall provide a Notification to the Alleged Creditor and Alleged Debtor within 21 days of receipt of the Notice of Claim.
5 If a claim is upheld by the Affiliated Association, the Alleged Debtor must make payment of the Football Debt directly to the Alleged Creditor within 21 days of the date of the Notification.
6 If a claim is partially upheld by an Affiliated Association, the Alleged Debtor must make payment of such proportion of the Football Debt as directed by the Affiliated Association, in its absolute discretion, in the Notification, directly to the Alleged Creditor within 21 days of the date of the Notification.
7 If a claim is rejected by the Affiliated Association, no payment is payable by the Alleged Debtor to the Alleged Creditor.
8 If a Claim is upheld or partially upheld by the Affiliated Association, the Alleged Debtor may submit a Notice of Appeal to the Affiliated Association within 21 days of the date of the Notification.
9 If a Claim is rejected or partially upheld by the Affiliated Association, the Alleged Creditor may submit a Notice of Appeal to the Affiliated Association within 21 days of the date of the Notification.
10 In order for a Notice of Appeal to be valid, the Alleged Debtor/Alleged Creditor must (i) detail all relevant reasons why the Notification should be overturned in full or in part; (ii) provide a copy of the Notification and copies of all paperwork previously submitted to the Affiliated Association in respect of the claim; (iii) provide the full name, last known address and date of birth of the Alleged Debtor/Alleged Creditor (if known).
11 Upon receipt of a valid Notice of Appeal, an Appeal Board shall determine, in its absolute discretion, whether to uphold, partially uphold or reject the appeal and shall provide an Appeal Notification to the Alleged Creditor and Alleged Debtor within 21 days of receipt of the Notice of Appeal. The decision of the Appeal Board shall be final.
12 If an appeal is rejected by an Appeal Board, the Appeal Fee shall be retained by the Affiliated Association.
13 If an Appeal Notification directs that the entirety or a proportion of the Football Debt(s) is payable by the Alleged Debtor to the Alleged Creditor, such sum must be paid directly to the Alleged Creditor within 21 days of the date of the Appeal Notification.
Get In Touch
By Email: Matt.Sowerby@northumberlandfa.com
By phone: 0191 2700 700
Mobile: 07458 043676