I 'keep referring' to cars as they have the same problem as the gates which have no agreement or contract and the electrics were fitted 8 years ago. I'd forgotten about the DUNHILL problem but re-read it and decided not to persue this post any further.

Is it legal to supply a consumer with a device that requires a special tool, not supplied on purchase, to find a problem so one can service it? I have had this problem with Minis and BMW's and lately with my electric gates which require an electronic tool to safely make changes to their operation but have to fork out £100 every time the required device is brought to fix it much the same and much more when it's a car. Additionally, are wholesale only companies and outlets actually legal as they are restrictive practices in my view? This god-forsaken country now seems to generate it's profits via middle men e.g. I paid £60 for a pond pump part back in the 80's which arrived with customs tracking that showed 6 middle men across Europe inflating the Chinese price of $1.20 to £60 sterling for a glorified washer!

As I said in my original message "My situation relates not to a car but to the principle involved. Is it quite legal to change the terms under which one bought a product? " My BMW 545i is now 8 years old, has depreciated £50,000 yet done a mere 19500 milesand is like new whilst my lighter has appreciated considerably in the past 25 years! I should be very much annoyed if BMW applied the same strictures but, as you say, it would seem that manufacturers can set their rules according to the state of their balances which simply means that the lighter will be melted down and the car polished. Thank you for the info.

Well, here is the story. Around 1988, my wife bought me a proper solid gold Dunhill Lighter. During the warranty period it worked perfectly. Of course, once the warranty period had elapsed it went wrong but, upon phoning Dunhill I was able to explain the problem. I also explained that I was competent jeweller in my spare time and was quite capable of doing the repairs myself. The gentleman at the other end said 'what do you need, Dunhill is at your service' or words to that effect. The parts were sent gratis. This performance occurred once or twice until I retired the lighter. The other day, I dug out the lighter and it wouldn't hold gas. Phoned Dunhill for the parts, which I was quite willing to pay for and was told that 10 years ago their policy had changed. A change that did not allow the despatch of parts to perfectly competent customers....Oh no, Dunhill was going to maximise. The new policy being that all repairs must be returned to Dunhill at a minimum cost of £85 + postage however small the fault. Most Dunhill faults can be fixed in 5 minutes if you have the parts. This applies even to the cheap Dunhill lighters that cost around £300. Whatever, when the lighter was bought for me it was bought with a service, albeit unwritten but honoured. I am simply asking whether, if one bought something in those honourable days, they can simply stuff you when they feel like it.

I am afraid not. In those days one bought things on trust! Do BMW write anything down?

I should be grateful if you would attempt to tell me whether the following scenario is legal? 1. I purchase a car and am told that spares will be available for the foreseeable future for purchase by the customer to fit himself. 2. I am fond of my car and keep it 25 years. 3. I require a spare. The manufacturer says he still has them but the terms have changed since I bought the car. Now only the manufacturer will fit the spare (he will not supply me with it to fit myself) at a cost of a third of the purchase price of the car for the smallest repair. My situation relates not to a car but to the principle involved. Is it quite legal to change the terms under which one bought a product? Thanks for any help.

On Friday I receieved a written response from Christy Cooper. It said nothing except to phone her which I did. Basically, she hadn't a clue and I was no further ahead when I put the phone down. 5 minutes later she phoned back to tell me the funds would be transferred that day. They have been. The problem is solved. However, one thing is very clear. Barclays UK and Barclays USA have a terrible system of communication and Barclays USA use a different response timescale measured in weeks. Look out because Diamond the Barclays US boss is taking over the boss job in the UK next year!!! I have been with Barclays for 50 years and am ready to change to a more personal experience if such a thing exists. Any suggestions?

The details are correct. I have a copy of the form. I used the telephone. I put in a complaint via email about 10 days ago. It seems they have to reply in writing I'm told. It would seem the initial foul up was that the US now require to know the use for the money and nobody asked me until I phoned to find out where the money was on the 30th August. The money apparently is at Barclays USA awaiting action. If I don't hear from them today I shall approach the other complaints methods. Thanks for the help.

Very helpful! I used Google to get here.

On the 24th August I asked to transfer $7,500 to my US bank account as we shall be going next week for 2-3 months and I needed to pay for the house rental. The money is still not in my US account and I am now in financial difficulties at that end. It is now 16 days and the transfer is usually there in about 3 working days. The only contact I have had any 'success' with is in India. They give me various reference numbers and tell me that I will be called back which I never am. Yesterday, I insisted on speaking to a supervisor. He told me the money was with my bank and gave me a PEP reference. I spoke to the Assistent Vice-president of my US bank and he told me that there was no trace of such a reference or transfer in their system. One bank is now blaming the other. I shall be speaking again today. What more can I do? I put a complaint into Barclays over 5 days ago but have heard nothing. Every time I try and speak to anyone at Barclays they put me through to India. I need the money yesterday. Can I insist that they pay me themselves and sort out the problem in their time? Whatever, cancellation is looming and I shall lose a lot of money which I cannot claim on insurance. This is a nightmare. I haven't really slept for a week.

Any opinions on Karma? They seem to have a sensible attitude to pre-existing conditions? Thanks

One pertinent point. I had to sign a number of release forms for my previous records so that the Ins. Co. could grab them. However, I signed no release forms for the medical info gathered here in the US except for one to allow release to my InsCo. So, if I find that my NHS doc has received a copy then how much can I sue for?

Indeed, you were a big help and thanks again. I actually donated £10 earlier.

I finally managed to correspond with the Claims control Manager who not only listened carefully to what I had to say but dealt with the matter in a responsible professional manner unlike all the minions who had simply attempted to fob me off. Whether the complaint I filed had anything to do with this I do not know. However, the Urologist's report swung the situation. They have now agreed to :- a) leave my cover intact as it was before b) to pay back the $2600 - the excess into my bank account My advice to anyone that finds themselves in the situation I did is to :- a) assume that anything in the US Medical system will cost you over the amount that you have agreed to pay yourself and claim later. b) Immediately phone or get someone to phone the Emergency Medical Care number whatever the hospital's claims it's payment policy is. c) Do not pay the hospital anything. Tell them you are in no fit state to do so and would they please send the bill. Let them photocopy your Insurance. Inform your credit card company that they do not have your permission to take from your card. Better still leave your credit card at home. d) If you are sure the problem has been dealt with to the extent that you are sure it will not recur make sure that you have a medical report to this effect and resist attempts to send you home. Any other previously unknown findings that came to light during your treatment cannot affect the policy cover. Simply ask the examining doctor whether he thinks any of them require immediate treatment. e) If you are getting the run around from minions in the Insurance Co. staff such as nurses who really haven't a clue then attempt to speak to the Claims Control Manager.

Saw the Uro guy. Stone was passed although (news to me) there is another very small one residing in my kidney. I asked him, that if I was his US patient, would he consider that it required treatment. Answer was a definate NO. Appparently, small stones in 70 year olds are fairly common on CT scans. No other hidden nasties either. He was equally dismissive of the other scan findings. He is going to put this in his report along with the comment that he sees no need for me to return home. I spoke with the Euro-whatsit rep in Canada afterwards who seemed refreshed by the news. I am hoping that this will put paid to any further pressure to rehab! I asked when I would see the $2000+ that I have already paid out and was told that I would have to claim that back in the UK when I returned. Considering the terms, this is odd as they say they will deal direct with anything over £500 or something. As maybe I said earlier, the original bill was $6300 and by paying on the spot I saved Atlas some $3500! I now feel utterly exhausted by the whole experience in reaction to a months sleepless nights and inability to concentrate on reading, golf, conversation etc caused entirely by an Insurance Company's total disregard of a customer's position. Everything seems so caring and clean cut in their blurb. When things settle down I shall not only write a 'what I should have done article here' but flood the Internet with warnings and advice. I have already emailed 'askgill' of the Daily Tel with the story so far. I have never been concerned about cutting off my nose to spite my face! I wonder whether Atlas and co check out this forum?

Many thanks once again for your comprehensive reply. I mentioned the 200KG of accumulated possessions because I imagined that were I to be sent home that we would never get insurance to come back! Having said that, I would still feel able to complete the questions in most 'pre-existing' condition clauses because the two 'discovered' conditions have never required treatment nor will they as I have no intention of getting a medical opinion on them unless, of course, some complication arises.

I would really appreciate clarification of your conclusion about the Red lettering. Meanwhile, to bring you up to date, they have agreed to pay for a visit to a Urologist tomorrow. Hopefully, he will confirm that the problem is gone so that they will have a difficult job justifying returning home.

I cannnot thank you enough for you help (Madam ). With regard to your interpretation in red where does it say this is meant to apply to a missed flight? Can I claim for the $15000 as I did not cancel? Can I claim for bringing in 200KG excess baggage that we have accumulated here over the past 10 years? The past 3 weeks of our stay has been ruined by their inaction, lying awake at night wondering what they will do next etc. Frankly, I am almost at the point of packing in! Edit :- A few years ago I came across some holiday 'insurance' that stated that it would not pay if you had previous history of a number of things, one of which was 'anxiety'. Now, as a Doctor when patients came with 'stress' syptoms I often used to write 'anxiety' in the notes and never used to word to them because many got annoyed! I suggested to the Insurance Company that this clause could possibly rule out about 80% of claims as many people would not realise they were not covered. They weren't interested so I asked the BIA what they thought of it. The BIA replied that companies were entitled to make any terms they liked which makes me even more nervous over the item in red!

Incidently, I have asked them to refer the case to the underwriter. Them = Europ-assistance who are part of CMN in Canada. I have had no contact so far with Atlas whose Customer Relations Dept simply ignore emails.

Good morning Sir, My policy is the ADX version. There is a maximum £3000 on losses. Incidently, if I did return home I would do so alone, leave my wife here and come back after 'treatment' though they have yet to tell me what treatment I require. Anyway, I have found some insurance over here that will cover 'pre-existing' conditions. The only problem is that there is a clause about double insurance. I would want my wife to continue on the present insurance because it is not cheap. My inclination is to raise two fingers to Atlas, demand that they pay up for expenses so far and remove me from the policy. Incidently, I have asked them to refer the case to the Underwriter and mentioned the Ombudsman. Them = Europ-Assistance who are part of CMN in Canada. Atlas Customer Relations simply ignore my emails. Also, I am supposed to see a Urologist on Tuesday simply to show him the stone and get the OK on the problem. They were going to pay for this but the threat to only pay repat expenses makes me very loath to see him as he could well add another few thousand to the bill but, if I don't, then they could claim I still require treatment for the stone. Clever.

LOL, I have been very conservative with my language online. My wife tells me that I've been using words here at home that she never suspected I knew! Last time (15 years ago) I became loquacious about holiday insurance was way back when my wife dropped her 13 month old Nikon Camera (Cost new £325) in the Indian Ocean and I received £48. At least with home insurance for burglary etc you get to come face to face with someone but this is like dealing with phantoms. Forgot to say that one of my daughters is a solicitor. I spoke to her about it all but there were an awful lot of 'ifs' but she's into a different area and probably was as clueless as myself! Am gradually coming round to the view that we are not likely to return here to the USA again. Leaving early will cost me around $15,000 as I paid for everything in advance. Some hints on how to extend the stay to the end of November would be a bonus. Surely, I would have to sign things - well maybe not!

Thanks. Pretty clear. But surely, the threat to only repay repat costs, if I don't return, and cop out of the medical costs so far is blackmail?

Who can be sure of anything at 70? A stroke or heart attack could easily be blamed on something common at that age. As you said before, I didn't know about them before leaving and, as I said before, I have no symptoms and there is no effective treatment for either except exercise and a good diet. I play golf 3-4 x a week and consider myself pretty fit for my age so what would returning home do except to sit on my arse through the cold wet winter! So being forced home as a 'medical necessity' simply doesn't add up.

Good question. Probably some nurse. I asked for a proper doctor to review it which I suspect they are doing now. Your word of caution surprises me considering your earlier comments regarding unknown conditions. As I may have said the two conditions referred to require no treatment, would only be found by accident in the absence of trouble and would be found in probably the majority of 70 year olds subject to a CT scan!

Thanks for that. Not standing for it is proving difficult because I cannot get past the juniors.