How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6090
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I I recently got my medication stolen in Mexico, I couldn't

This answer was rated:

I I recently got my medication stolen in Mexico, I couldn't get any for a week and had a full on seizure I've never had any fits at all before and nearly died I stopped breathing and lost control of my bladder and bowls, my partner said he had to force his thumb into my mouth so I didn'tswallow my tounge, it was horrific my jaw clenched so tightly. It was anti anxiety medicine.
I'm still having dizzy spells and jetking.. 3 weeks later.
The reason my meds were gone is because my tour operator kicked myself and my partner out of the hotel for nothing and wouldn't find us alternative accommodation.
DO I have a case against the tour operator? We informed her we'd had my visa card eaten by a ATM and although I have supporting documents to proove that we were robbed, and I did see a doctor and I even had to fly home 5 days early on medical grounds they said its an unprecedented case and didn't know what to say... Im FURIOUS and petrified I'm going to have another seizeure

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Can I ask why the tour operator threw you out of the hotel? Were they aware of your condition?

Customer: replied 1 month ago.
They threw us out for nothing, she asked to see us, we went down to meet with her, she said she had already given me two warnings!!?! I'd only seen her on arrival...id litteraly only left the room for a few hours.. (I was tired and felt sick)
And all I can think is I wear a wig sometimes as my hair is extremely thin, so maybe she's got me mixed up with someone else.. Its all i can conudclude, I've racked and racked my brain.
, anyway then she said she'd received 29 complaints about. ME!!! , not my boyfriend who had seen her snorting cocaine that morning at approx 3:30am, no ME , I knew it was rubbish and walked /stormed away from her, Jason (boyfriend) asked what I had done, she just said it was the hotel, but I'd never been ever asked to do anything, stop doing anything, not even asked to sign a warning... We'd only been there 48hrs, wed been constantly together in the hotel and Jason had never received any of the said "warnings" or complaints,.l plus I'd been so tired from jetlag and I felt sick so.. because of other reasons also I did find out I was pregnant on day 2, because of this sickness and tiredness I'd actually only been around public areas of the hotel for about a total of 6hrs.
we later asked the hotel my mum also rang hotel and they said it was TUI REP, not them. I told her about my visa card when she said we had to go. and she said that she didn't know what to do..So Because she said that the hotel were going to call the police we just went in absolute sureness it was a mistake and would be sorted out by morning when a different rep was around, but we weren't even allowed in the hotel even after explaining we'd spent the night in the police station after being robbed of everything, the new rep came out asked me if I had proof I was pregnant, Jason told her to get a stick whilst I "piss" on it, and she said she had to go do an arrival meeting she'd be back, she never came back but guards told us if we weren't staying at hotel we had to go... No excuses rep wasn't coming back, now we're royally screwed! Police had taken us to British embassy and she said go speak to rep. So we returned to the embassy and told her what happened she could only let us use phone and Internet to call home as we had not even cab fares to the airport, there's a 7hr time difference and the lines not so good on international calls, only going through once then failed to connect, the lady martinez perez who was our British embassy person got to know us really well because of these difficulties with phones etc it actually took 6 days (one of which she actually gave me her personal packed lunch and a few pasos from her personal purse) to get in touch with my dad who immediately sent cash via western union and got a new hotel but I'd missed a week of mess then so I ended up having the seizure from pregabalin and benzodaizapine (clonazapam) withdrawal, prescribed for anxiety it was hell

Who is the travel operator please?

TUI?

Customer: replied 1 month ago.
TUI, Package holiday.
We've completed compaints policy, got through to the management and were told that this is an unprecedented case but would be sorted out last Wednesday (finally got through to the them Monday), they even asked if we wanted a cheque for the refund or a bank transfer... Haven't even been able to get through since, and obviously received no refund...

Thanks for that - I would recommend that you send them a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee. If this applies, let me know as there is a form to fill in.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company, apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 1 month ago.
Thankyou so much. Of course 5 star rating ��. Great thanks again. Gemma
Customer: replied 1 month ago.
Just a quick one though if that is OK,
What are your thoughts regarding receipt of compensation? I wholely feel justified in thinking, all this would not have happened if we had been in the safety of the hotel, I feel that they (accidentally or otherwise) put us directly in harms way, did not go to to any lengths whatsoever to see we weren't destitute, dropped the code of conduct regarding duty of care and the line of events leading to the deadly seizure I had wouldn't have happened had we in any way been treated fairly.. I wouldn't even be able to make this up its madness, I swear I never received 'warnings' or complaints... I have the best witnesses as In British embassy, I'm sure they record calls.. And i had to pay to see a doctor who prescribed me my meds, I bought the meds, in order to be able to fly, without them I was deemed unfit to fly by airport doctors.. Also interpol rang my mum and dad when they realised we weren't on our scheduled flight, I went home 5vdays early (and paid £170) for the flight.. I had to leave Jason alone and hungry and homeless in Mexico, he came home on the next available flight as there were no seats on mine.. He paid £170, I western unioned him the money..
What are your thoughts?
Warmest regards Gemma

Thanks for that, regarding compensation is depends on the amount of inconvenience and a all the other issues to take in to account - it is difficult to put a figure on it but the courts generally allow claims for inconvenience and stress - anything from a few hundred pounds up to around £5,000 for the serious cases.

I would probably go with something like the cost of your holiday and any out of pocket expenses plus another £3,000 for inconvenience and stress. If there is a diagnosed injury as a result of the incident then it makes it a personal injury claim though and you would need a law firm (and couldn't use the money claim site for a personal injury claim either).

Customer: replied 1 month ago.
Yes certainly 'Inconvenience and stress' but that seizure.. I nearly died, I stopped breathing and my lips even went blue, my boyfriend who's a Hardy guy was crying.. I know this probably means nothing to you, but it's a point of reference for anyone who knows him, or his 'type' example, he walked around on a broken ancle for a full week, whilst trying to keep me safe on the streets of Mexico, I kno of that week he only had a few hours sleep... Im just pointing at how bad it really was, I apologise, but I've had a nervous breakdown over it all over the weekend, I'm at Doctor now, as I write I'm in the waiting room. Do you think it would be possible for the general dropped 'Duty of care' to count as, and I don't know why. People don't seem to realise how serious things got, I'll never forget it, its ruined my life...
Customer: replied 1 month ago.
Sorry *meant count as a 'serious issue "

Hi, thanks - it sounds like a law firm should be consulted as if you only sue for your losses you may be under-settling the claim. It does sound like you have a valid claim here so I would recommend you fill out the contact request form at http://www.slatergordon.co.uk or give them a ring on 0161 383 3500 and they should be able to help (they have a dedicated holiday claims team there).

Customer: replied 1 month ago.
Thankyou so much, I very much hope you know i'm very grateful. That's great thank you.
Gemma

No problem - I hope I have answered the question to your satisfaction. If so could you please rate the answer (5 stars on your screen). It won’t cost extra to give the rating and I will be credited for helping you. You can come back here for any follow up questions.

Many thanks,

Jim

JimLawyer and other Law Specialists are ready to help you