Update of information about iDENTAL
Post: Agencia Española de Consumo, Seguridad alimentaria y Nutrición
Date: 26 julio 2018
Section: Consumo
COMMITMENT OF THE HEALTH AND CONSUMER AUTHORITIES TO PATIENTS AND PARTIES AFFECTED BY THE CLOSURE OF THE iDENTAL CLINICS:
The Ministry of Health, Consumer Affairs and Social Welfare and health and consumer authorities from the Autonomous Communities addressed the commitment to inform, advise and deal with all members of the public who have been affected by the shut down of the iDental clinics.
The commitments assumed, in particular, include the referral to the Attorney General's Office of a case for alleged malpractice and breach of rights against the health and legitimate economic interests of consumers, in order that the Attorney's office may investigate whether or not a criminal offence has been committed. The documentation was sent on 20 July.
SITUATION OF THE MEDICAL RECORDS OF THE PATIENTS FROM iDENTAL:
At present, most of the Autonomous Communities, in which iDENTAL clinics existed, have asked the autonomous or provincial district attorneys to intervene to take custody of patients' medical records.
MEASURES TO BE TAKEN BY PATIENTS AND PARTIES AFFECTED BY THE CLOSURE OF THE iDENTAL CLINICS IN DEFENCE OF THEIR RIGHTS:
All patients whose treatment has been interrupted, who have been subjected to a poor provision of services, or for whom there has been non-compliance of the services contracted, may submit their claim in defence of their right to health or their legitimate economic interests:
- To the consumer authorities of the Autonomous Community or
- To the health authorities of the Autonomous Community.
HEALTH AND DENTAL CARE, REMEMBER:
- If you require immediate attention, for example the removal of stitches, or if there is an infection or other dental problem resulting from the care received from iDental, you may visit your primary healthcare centre so that they can provide the necessary healthcare and recommend the necessary measures.
- If you visit a dentist, you should ask for an evaluation or report of your present dental situation following the treatment provided at an iDENTAL Clinic.
STEPS TO FOLLOW IF THE AFFECTED PART HAS A LINKED CREDIT AGREEMENT:
In the event of a linked credit agreement, which is one that serves exclusively to finance a contract relating to the provision of a specific service, in this case, dental treatment:
- You should place a claim before the Services, Departments or Customer Ombudsman of the financial entity with which you have agreed the linked credit.
- If the entity does not respond or the answer is not satisfactory, you should submit a claim before the Bank of Spain: Department of Market Conduct and Claims. C/ Alcalá, 48. 28014 Madrid or at one of its branches.
It should be noted that all the affected parties who are repaying a linked credit agreement and for whom the treatment has been stopped, do not have to continue paying. This is covered by Law 16/2011, of 24 June, on consumer credit contracts, which establishes that in the event of the non-provision of the service, there is no obligation to pay the charges.
If any modifications are made to the contract, this is considered as a contractual novation. The total cost of the credit cannot be modified to the detriment of the consumer, unless this is established with the mutual agreement of the parties in writing.
REQUIREMENT TO MEET THE DEBT BY THE TAX OFFICE TO THE AFFECTED PARTIES:
When a party affected by the shut down of iDental receives a letter from the Tax office accompanied by a response form requiring the payment of the debt to the Tax Office, the following steps should be taken:
Answer the requirement using the response form attached tot he requirement, advising the Tax Office that you are not going to make any payments in recognition of the debt, to the company iDental, as the agreed contract has not been fulfilled in the terms and conditions stipulated therein and therefore the contract has been breached, the affected party reserving the right to take the corresponding action due to the breach of contract.
The written response should be presented to the Tax Office registry in the town from which the requirement was sent
It is important to answer the requirement.