RSSG BANK ACCOUNT

[barbelfishingRay]

To All Concerned,

 

I am now in a position after talking to the RSSG bankers Barclays at some length, and my own solicitor, to reveal certain realities surrounding the current state of play regarding aspects of the RSSG funds to date. My apologies for my posting having taken a while, but I have needed to clarify certain legal aspects surrounding this issue before I could post all the relevant information.

 

But first I would like to make it quite clear that my Solicitor will be monitoring this thread, this will be done to protect my own position in this matter. A position I now find myself in due to others not previously following correct procedures. I would also point out to anyone concerned, and in particular “Fisherking” (whoever this individual may be), that any Solicitors fees incurred regarding this matter have been paid for as always by myself from my own personal funds. The course of seeking legal representation in this case has been necessary to not only protect myself, but to also make doubly sure that the RSSG membership funds are also legally administered under the present circumstances.

 

Steve Richardson has stated that he is a little confused as to how a properly resigned committee member can have access to the RSSG Bank Account; I hope this statement helps him and others unsure, to fully understand just what has been going on and how I have been placed in this position.

 

 

To begin with;

 

I originally set up the RSSG bank account when the RSSG was formed, which was

to be administered in conjunction with the elected RSSG treasurer Mr Ian Jobling. Between ourselves, both Ian and I were appointed as co-signatories to all

RSSG cheques payable for any financial transactional purposes that the RSSG undertook as per the co-signed bank mandate. Ian of course as RSSG Treasurer was responsible for keeping detailed records and accounts for submission at AGM’s / EGM’s for the membership’s scrutiny, ratification and approval. The account was attributed by Barclays under my name and the accounts postal address was my present home address. Before Ian and I could officially operate the RSSG account, we both had to be approved as fit to run a Barclays account via financial checks made by the bank. At all stages of opening the RSSG account, all Barclays bank accounting criteria was stringently met by Ian and myself as demanded by the bank. Copies of subsequent monthly bank statements were sent to Ian’s address and my own. These dual statements, and co-signatures on RSSG cheques, ensured that no one person in RSSG had sole control of RSSG funds. Pretty much standard procedure really that most clubs adopt and one that Barclays themselves endorse and encourage.

 

I would also like to point out at this stage, there are certain legally binding obligations that “ALL” elected committees, be they professional or voluntary as is the case with fishing clubs, organisations etc, “MUST” follow and adhere by. In particular, there are certain legal obligations pertaining to certain committee officers regarding to the overall management of membership funds they are ultimately responsible for whilst serving their terms of office in committee. If indeed, these legally bound rules are broken or not adhered to, there “may” be a case answerable to in law. Also, if any banks rules are deemed to have been broken as stated in their own operating agreements which are entitled “Mandates”, funds can be effectively frozen by the bank until such time that the bank is satisfied the account is being managed properly.

 

 

When I resigned as RSSG chairman back in September 2002, I informed Barclays in writing on the 17th of September 2002 concerning my decision to resign as Chairman whilst also officially notifying them that I would no longer be responsible for operating the RSSG bank account in conjunction with Ian. I further stated that I expected the RSSG Treasurer would be in contact with the bank shortly in order to have another co-signatory appointed and to have a new postal address for the account registered. I received a letter in return from Barclays on the 25th of September 2002 confirming they had received my letter with thanks.

 

In that letter Barclays Bank informed me that they needed a new mandate to be completed in order for my name to be removed as co-signatory, they also informed me that they needed a letter from the remaining signatory to confirm the RSSG’s new trading address. This I was informed was the responsibility of the remaining signatory or the RSSG Treasurer in this case Ian Jobling. As this letter was addressed to the Officials of the Rivers System Support Group I can only presume that Mr Jobling received a copy also.

 

That was back in September 2002 and as far as I was concerned, I had nothing further to do with the RSSG, its bank account or its financial affairs.

 

One might imagine my surprise when on the 2nd of May 2003 the RSSG bankers Barclays contacted me asking if the RSSG was still either in existence or active? I was informed by Barclays that the last RSSG banking transaction of any type was made back on November 4th 2002 and as such, the RSSG account had now been officially classified as “dormant” by the bank. I telephoned the bank and told them that, I would contact known RSSG officials in order to clarify what was going on regarding the financial issue.

 

I later informed them that I had emailed Peter Waller the RSSG Chairman and Chris Goddard its General Secretary, explaining my situation whilst asking them certain questions. This I did on Friday 2nd of May 2003. But every email address I tried for Chris Goddard got sent back by the mail administrator so I had to rely on Peter Waller for some insight as to what was going on inside RSSG.

 

Over the last couple of weeks I have had numerous dealings with the branch of Barclays where the RSSG has its account in order to clarify my own position and

I have held meetings with my own solicitors and relayed to them and the Bank all the information I had at my disposal. This information includes all emails exchanged between myself and Ian Jobling also the emails exchanged with Peter Waller. I have also furnished both Barclays Bank and my own Solicitor with copies of the official minutes of the RSSG EGM published by Steve Richardson in which there is no mention of any financial statement being produced by the resigning Treasurer or being asked for by either the resigning committee or the in coming General Secretary.

 

The overall conclusion is as follows;

 

Since my resignation back in September 2002, no one from the RSSG has been in contact with the bank in order to have new RSSG representatives vetted by Barclays to start operating the RSSG account. Either during the last administration after I resigned, nor from within the new administration. According to the bank, Ian Jobling has never informed them of his resignation. I advised Ian Jobling on hearing he had resigned to send the bank cheque book back to the Barclays branch where it was issued from. From information received from the branch that holds the account, they say they have never received it.

 

The bank have told me that as I opened the account in my name trading from my address on behalf of the RSSG, and as they have not heard from Ian Jobling nor anyone else in RSSG regarding the account since my official resignation notice sent in writing back in September 2002, I am now solely empowered by them to have the RSSG funds donated as itemised in the RSSG constitution towards the Great Ormond Street Hospital for Sick Children. The bank considers the account to be now fully dormant and the RSSG inactive. This has apparently come about due to neither Mr Jobling nor anyone else from either the old RSSG committee or the incoming committee completing the necessary forms to have both myself and Mr Jobling removed from the RSSG bank account, and also not supplying the Bank with a new trading address. It has also come about because the banks mandate has been broken via this lack of contact from the RSSG committee concerning its membership’s funds account.

 

Amazingly, I advised the RSSG exactly what they should have done regarding getting the account fully functional once again back in 2002 on their own website!! I find it unbelievable that out of all those committee members past and present, no one took the very simple steps of contacting the bank.

 

The reason why I have been left in this position is that according to Barclays rules,(which are in fact backed up by law) I opened the account in my name whilst also being recognised that the accounts postal address was trading from my home address, I am still responsible for the funds held within the dormant account. I am also the last official contact that the bank had with the RSSG committee. Legally on their side of the fence, the bank states I can authorise them to donate the funds as per the RSSG constitution.

 

Chris Goddard and Steve Richardson on his behalf have now announced a forthcoming RSSG AGM on angling websites. The one item on the agenda is the dissolution of the RSSG and appropriation of remaining funds as itemised in its constitution in the event of dissolution.

 

The major problem about this forthcoming AGM’s agenda is the fact that whilst they might well dissolve the RSSG, they cannot gain access to the RSSG funds unless they follow the banks criteria as stated in their operating mandate.

 

Yes, the bank has already empowered me to authorise them to donate these funds. Be assured, I have no intention of doing so. Firstly on the specific advice given to me via my solicitor who is carefully watching as these events unfold. Secondly, I have no intention to direct the appropriation of funds that DON’T belong to me or funds that are not under my management. They remain the sole property of the rank and file RSSG membership managed under the auspices of its committee. In law, the management of these funds remain the responsibility of the RSSG elected/co-opted committee members to administer.

 

So please, can the present RSSG doers, whoever they may be, get something right for once on its financial front. Approach the bank as previously advised by myself, and get someone in place to administer the account properly as demanded by Barclays. You will not gain access to the RSSG funds unless you do. You are also technically acting unlawfully by not managing or administering the RSSG funds properly

 

In the interests of the RSSG membership, I took steps on the 21-05-2003 to make this easy for you. The bank have agreed to send me a new mandate which both Mr Jobling I and will have to sign, once I sign it I will forward it to Ian. Hopefully he will then forward it to Mr Goddard so he is able to complete the mandate with the nominees he wishes the bank to instate as signatories and operators of the RSSG bank account. I have now relinquished any responsibility for this account after consulting with both the Bank and my Solicitor. This account is now solely the responsibility of the present RSSG committee whoever they may be. Please fully understand though, Ian Jobling will have to play his part as will Mr Goddard in order to resolve this properly. Also, as this procedure does take some time to set up to the banks satisfaction, (mandates can be painfully slow to process) please realise that the procedure might not be fully complete within the time period between now and the announced date of the RSSG AGM. Obviously, the RSSG “could” be getting itself in a position of dissolving the organisation “before” having an official financial representative approved by the bank before possible dissolution. In this case, it might be extremely wise to postpone the AGM until the RSSG has a proper recognised financial representative in place that the bank fully endorses. Once the RSSG has this, it can dissolve via an AGM if it so wishes and its financial representative can then appropriate remaining funds as directed in its constitution. Be absolutely assured though, certain voluntary committee officers and treasurers, ARE legally bound by law to uphold standard practices regarding the management of an organisations/memberships funds. Committee officers deemed to be legally responsible for the management of funds, (not just the responsibility of the treasurer) must follow certain criteria at all stages of their own terms of office. Even when resigning, those deemed to have been responsible for the management of membership funds still have to fore fill certain criteria before the management of funds can be passed onto another elected/co-opted administration. Even in the case of dissolution, properly audited and up to date accounts should be made ready for presentation to any section of the membership who may request to receive a copy prior to the dissolved organisations funds being finally donated as per the constitution.

 

Finally, please understand that being placed in this position has not been one of my own choosing. However once placed in this position, I felt that in the best interests of all concerned this issue had to be sorted out once and for all. I sincerely feel that once I have the banks new mandate along with the co-operation of Ian Jobling and Chris Goddard, we can jointly sort this out very easily.

 

The purpose of this statement is not been one of trying to instigate an argument with anyone. Merely a statement based upon the facts surrounding the issue of RSSG funds and an announcement of efforts made by myself at my end trying to sort this out. I would ask though if Ian Jobling and Chris Goddard would contact me now to agree the final signing of the banks new mandate so as to bring this issue to a successful conclusion.

 

 

Regards,

 

Ray Wood.

[poledark]

Thank you Ray, clear as a bell

 

 

Den

[Peter Waller]

Thankyou Ray.

 

One thing should be clear in all this and that is that I tendered my resignation as Chairman some months ago to Chris Goddard. This was once it was clear that the RSSG was going absolutely nowhere.

 

It is sad that we have these thinly veiled threats re solicitors monitoring this thread, unnescessary and I think, oh well, doesn't matter what I think. We have had them before from one of the RSSG founding fathers. Distasteful if nothing else, but there we go. We all have our opinions on that one.

 

Normal practice is for a sports ruling body to administer a defunct clubs funds, but I doubt that this was written into the RSSG's rules.

 

From where I am sitting it appears that RSSG Mk 1 was effectively abandoned by its founding fathers. That appears to me to be the first in a line of regretful incidents.

 

The Mk1 committee had wished to wind up the whole affair in a right and proper manner. But I would question their lack of judgement and apparent lack of consideration as to the wishes of the membership who had joined in good faith. One man even donated £100.00!.

 

As for the abandonment, well, what can we say? I don't like what happened. I don't like the way in which it happened. I don't like the way in which the handover of power took place. I don't like what has happened since. I question the motives of the whole sad affair, from start to finish.

 

Committee Mk2 came along, with all the right intentions. In the first few months of RSSG Mk2 I am convinced that Chris Goddard was near to tearing his hair out in his attempts to solicit names and addresses, as well as the 'books', from RSSG Mk1. Whether it was due to sheer bloody mindedness, a total lack of communications, lack of effort or a simple lack of ability I don't know but things quickly got bogged down.

 

One thing is plain, both angling and the innocent membership have suffered over this. We can only guess as to the why's and wherefor's of this whole shabby saga. But all the answers that I come up with are not for pretty reading.

 

For whatever reason I not not believe that Chris Goddard was able to obtain the complete affairs and accounts of the club. Who is to blame, I don't know.

 

[ 25. May 2003, 10:26 AM: Message edited by: Peter Waller ]

[Chris Goddard]

Dear Mr. Woods(Ray) I thank you for the time and trouble you have taken over this matter on behalf of myself only as I feel I cannot speak for the rank and file members of the RSSG at this point.

I am absolutely the cause of your anxiety by way of not filling out a mandate and presenting this to Barclays bank. I am in receipt of this form from Ian and have been so for some time now. I can only apologise to yourself and Ian for any inconvenience I may have unwittingly caused.

However you say that all attempts to communicate with me have been fruitless?? I should point out at this time that this was exactly the problem I had when trying to contact yourself some months ago when I took on the mantle of the General Secretary for the RSSG. That however does not excuse my subsequent behaviour. In my defence all I can say is that "Life goes on" and the day to day running of the RSSG has not exactly been uppermost in my mind!! I do have a life to live outside of the RSSG.

However, I have had my share of problems and am only now in a position to wind up the affairs of the RSSG and this I will do just as soon as I am able. The date of AGM is not cast in stone and could be moved to a more suitable date for all concerned. I take onboard your concerns with regard to this matter and will certainly give the subject some serious thought.

If you would care to make your yourself available to me Ray? (I can be contacted via. chrisgod@ntlworld.com) I hope you will allow me the opportunity to discuss this topic further as I do not intend to air mine ot anyone elses "Dirty Washing" on this or any other public forum.

 

I Remain,

 

Chris Goddard

[dexter]

I'm sorry but who cares? Should have beem put out of it's misery months ago.

[poledark]

Chris,And thanks for your reply, and the manner in which it was made. Takes a real man to say sorry

 

Den