The judge of the National Court José de la Mata has left this Wednesday in aid of the tens of thousands of people affected by the fraud of Idental throughout Spain. The magistrate has provisionally suspended the judicial and extrajudicial claims undertaken by a dozen financial institutions to collect the credits subscribed by the clients of the clinics for their dental treatments, which were totally or partially not performed. The judge orders the creditors to cease their claims and to remove from the records of defaulters those injured who stopped paying their claims.
The decision of the magistrate seeks to "avoid further damage to whistleblowers" who were obliged to pay the fees of the loans granted by the financiers "knowing that the dental treatment will not be administered." The magistrate understands that the continuation of the payment or the execution of the credits would complicate still more the situation of the affected ones – almost all people of scarce resources-. The injured, explains the judge, "are even unable to go to a new treatment that tries to solve your case, or complete the treatment that, in many cases, has not even been, apparently, initiated by iDental."
The judge argued in his ruling that the breach, by iDental, which closed its clinics in June 2018, of its obligations to patients implies the termination of the loan contract that was linked to those. The magistrate explains that the measure seeks to effectively guarantee the rights of the consumer and avoid that during the processing of the legal case for fraud, which is expected to be prolonged, those affected remain exposed to an unfair situation.
In its resolution, the judge offers financial institutions different solutions. In cases where the treatment has not yet begun, the magistrate proposes to cancel the contracts or return the credits, after a dentist evaluates the part of the treatment that has not been provided. Another alternative is for financial institutions to provide those affected with continuing treatment at other dental clinics they deem appropriate.
The request of the judges has been made to the following financial companies: Sabadell Consumer Finance SAU, Banco Cooperativo Español SA, Evo Finance, Santander Consumer Finance, Cetelem SAU Bank, Pichincha Bank, Uno-e-Banka, BBVA Consumer Finance, Finanmadrid SAU, Pepper EFC and Montjuic EFC SA.
The Association of Consumers FACUA, which exercises the particular accusation and represents many affected, positively assesses this precautionary measure. The organization goes further and claims sanctions for entities that have included in the records of defaulters injured by fraud. FACUA has already denounced some of these financiers before the Spanish Agency for Data Protection for carrying out this practice and before Consumption to those who continued to demand payment for the treatments, in many cases unfinished or not started.