An unpaid transfer instalment can disrupt a club’s financial planning. Preparing a payment claim begins with reconstructing the obligation: who must pay, what amount fell due, what conditions were agreed and which documents establish the balance.
This organisation allows negotiations and any dispute to be assessed using verifiable information. It also helps identify discrepancies that need clarification before a claim is formulated.
1. Check the contract and subsequent amendments
Gather the signed contract, schedules and all amendments. Identify the parties, currency, due dates, payment conditions and provisions on communications and dispute resolution. Check who signed and on behalf of which entity.
Distinguishing fixed instalments from conditional payments is particularly important. An appearance bonus, for example, requires an examination of the event triggering payment and proof that it occurred. A fixed instalment, meanwhile, may have been extended or renegotiated later.
Also retain messages concerning changes to the agreement. Their effect must be assessed together with the contract; a discussion about a possible deferral should not automatically be recorded as a change to the due date.
2. Build a chronology and a calculation schedule
Record events in order: signature, fulfilment of conditions, due dates, payments received, payment demands and responses. Identify the supporting document for each event. The legal and finance teams should work from the same version of this chronology.
In the calculation schedule, show each instalment separately. State the agreed amount, the amount actually received and the balance. The basis for interest, penalties, currency conversions or other additions must be identified and assessed.
Hypothetical example: a €200,000 instalment fell due and the creditor club received €50,000. The outstanding principal for that instalment is €150,000. The payment record should allow the receipt to be linked to the correct obligation. Any additions should appear on separate lines, identifying the clause or rule supporting the calculation.
If the debtor’s payment instruction differs from the credit received, gather documents from both sides. The date, beneficiary, account and transaction reference help establish what happened.
3. Preserve communications and prepare the notice
A payment demand should make the origin of the debt, the relevant due dates and the amount sought clear. Identify the recipient and the appropriate delivery method, considering the contract and the rules applicable to any potential proceedings.
Keep the complete message, its attachments and the available evidence of dispatch and receipt. Isolated screenshots may omit important information; preserve original files and the sequence of the correspondence.
The time limit stated in a notice and its effects must be determined for the particular case. A routine financial request should not be presumed sufficient to meet every requirement of a future claim.
4. Identify the competent forum
FIFA states that the Players’ Status Chamber deals, among other matters, with disputes between clubs affiliated to different associations. For a specific payment claim, the parties, subject matter, contract and applicable regulations must be checked before selecting the procedural route. Source: FIFA Football Tribunal.
During preparation, set aside the dispute resolution clause and the clubs’ identification documents. Also record any proceedings concerning the same contract, payment agreement or earlier decision.
5. Organise a usable case file
An initial file can be divided into six groups:
- Contract, schedules, amendments and representation documents.
- Evidence of events making payment conditional, where applicable.
- Instalment schedule and bank records.
- Notices, responses and evidence of receipt.
- Transaction documents relevant to the dispute.
- Information on previous negotiations and proceedings.
Use clear names and an index. Each amount claimed should be traceable to an obligation and a document, with any gaps expressly recorded.
6. Document any negotiated solution
If a payment proposal is made, clarify the acknowledged balance, timetable, security offered and consequences of default. Also assess how the new agreement relates to the original contract and any ongoing proceedings.
Documentary preparation remains useful during negotiations: it allows proposals to be compared against the substantiated amount and records precisely what was agreed.
Learn about the firm’s work in FIFA disputes and player transfers.
