I ordered a Bailey Pegasus recently and was assured it would be delivered in December (before the VAT rise). I had a call from the dealer today to say that all deliveries of all Bailey caravans to my dealer have been delayed and the my caravan will now not arrive until mid January. Very disappointing, especially as we paid a deposit for a winter plot which only runs until end of Feb.
If you were assured by the dealer of a December delivery, in my opinion that forms part of the contract between you.
If, as it looks, that the dealer cannot meet his end of the agreement, then I think you could argue that you will suffer financial loss as a consequence.
With this in mind, I think you may have a arguement for some sort of compensation if the dealer wants your business.
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i think this might be a case of not assuming something will arrive when your told it will be, i personally would never book anything till the van keys are in my hand.
although i would be annoyed that something that cost so much isnt coming.
It might not be just your dealer. The demand for the new Bailey range looks to be quite high so perhaps they can't meet the deadlines they originally thought. The issue of the VAT is different and I would certainly try and get an assurance from your dealer that you won't be charged extr because of the delay.
I am under the assumption that if you place order before the vat deadline then the vat rate at the time of order is what you will pay regardless of when it is delivered.
There's a Q&A in the latest CC mag (pg 32) about the VAT question. The date on the final invoice is all important, so to get the lower rate you must pay for the van completely before Jan 1 2010.
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I think you will find there is not a new van contract to be seen that guarantees delivery dates because, of course, they can't. Delays happen, that's the nature of the beast unfortunately, and if you look at your contract I am sure it will have a clause about them not being liable for delays.
I say this because I am buying a secondhand van at the mo and having read the T and Cs I saw it had a clause about delivery times on new vans.
The vat is charged at the date of invoice. If your dealer has promised delivery before January then you can't hold him to it. You will have to pay 17.5% in January unless the dealer reduces the amount by the difference as a goodwill jesture. The dealer will have to pay 17.5% to the supplier too.
2kias is partly correct.
However, providing that the dealer is not on the cash accounting scheme the date that matters is the date of invoice NOT the date of payment, and these dates can be different.
Therefore get an invoice dated before 31st Dec. Pay it on delivery of van.
What the dealer has to pay their supplier is of little consequence to the supplier or the dealer (or you) as it will be claimed back from HMRC anyway (as they are VAT registered).
Quote: Originally posted by jaiash on 04/11/2009
I've been told by a couple of reps in the trade that Bailey sold 200 Pegasus vans at the NEC show.#Not heard anything about mine ............... yet!
I ordered mine before the NEC show to ensure that the VAT is at 15%. Just been told that mine won't be in until Feb and the price will not change. Should I get this in writting?