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When we P/X'd our van we arrived on the delivery date, did a walk thru on the new van to check all OK. We then parked our old van alongside and transferred all our things. i.e. pots, pans, crockery, waste water, water barrel etc etc etc............

They could have my p/x in advance if they were prepared to give me a Bankers Draft cheque for the p/x allowance of my old van. Any alternative is NO NO NO..........

Cheeky Monkeys!  Apart from the financial risk, why should you be without a van for 3 months just so they can have payment in advance for something they haven't supplied yet?

You did right saying no & paying the deposit by credit card - you should be covered under the Consumer Credit Act if the dealer goes bump (altho hope they don't & you get your new van as planned!).

Hi Misterg

Now there is a can of worms………broadly you are correct but it is just a tad complicated. You do not say whether the dealer is a limited company, an individual or a partnership each of which deals with “bankruptcy” matters in a different way. I assume that you are using the word “bankrupt” in its very generic sense as there can be a liquidation, administration, ceasing to trade or winding up. Put rather simply

1. Sole Trader – the trader is personally liable.  You could sue him personally,  but if he does not have any money that does not help.
2. Limited company – Two options on “bankrupt”  (a) In administration – the administrator tries to keep the company going so you may get your deposit. If that fails the administrator may move to liquidation.  (b) In liquidation -  a Liquidator collects all money due to the company and pays the creditors if there is sufficient. You may end up with nothing or so much in the £ for what you are due e.g deposit of £1000 and the liquidator pays 10p in the £ so you get £100.

A very wise buyer considers these matters especially as there will be a long delay between deposit and delivery of the van. The good news is that you paid the deposit by credit card and you clearly know the benefits of so doing. For anyone who does not – if the caravan is not delivered you can get that deposit back from the credit card company if the dealer cannot or will not pay.

An alternative approach…….pay the deposit to a third party who holds it as “stakeholder” and agrees to hold the deposit on trust for the buyer until such time as the whole transaction has been completed. When the new van goes to the buyer the stakeholder then passes the deposit to the dealer. A bank would be a good bet for this purpose, even the dealers’ bank. Bailey agree, in writing to transfer the van directly to you, or through its nearest authorised Bailey dealer at the agreed price, in the event that the dealer goes into administration/liquidation/ceases to trade, and the bank pays that deposit to Bailey in those circumstances. If the deal has not been completed by a certain date then you get your deposit back or you can agree another end date for the arrangement. This way the deposit monies remain in the legal ownership of the buyer until the whole deal is done

What then about your van if you leave it with the dealer now and the dealer ceases to trade?. Well you have to make sure that that van (like your deposit) never forms part of the dealers business. In a dealers “Bankruptcy” you only lose what you think is yours but the legal ownership of which has passed to the dealer in law. Remember, what we think should happen and what the law says will happen are often two different matters. So, if you were leaving the van with the dealer you should pass it to a stakeholder. The Bank again. They agree to hold it to your order as your trustee so you still retain legal ownership and the CRiS registration. If the whole part exchange does not happen by a certain date they give you the van back. In the meantime the dealer has the van on his forecourt and can sell it, but the sale monies go to the bank which will hold that money as your stakeholder until your new van is delivered. You ensure that the money goes to the bank as you don’t release the CRiS documents until that money is safe. If you do not get your van, because of “bankruptcy”, you get the money from the sale of your van and go and look for another van. However, if you have the deal with Bailey (as I suggest) you will get your van.

Now that is putting it simply……………like I said OP it’s a tad complicated. Its all down to how you deal with it and you are on the right lines

Phil

The most I am prepared to do is leave my old 'van a few days before collecting the new 'van to have the mover swapped over.

The dealer going to the wall is one reason, however personally I don't want to be without my 'van for too long nor do I want to have to store all the stuff that comes out of the old 'van for too long!