Legal Question in Consumer Law in Maryland
refusal to remove of false info on crdit file
My health insurance (Coventry) took 8 month to pay a claim for a doctors visit due to a mistake that they made. The doctors Billing Department (MD primary Care) turned me over to R A Rogers, inc Collection Agency, and a ''Collection dept'' was attached to my Credit File (Equifax) which effects my credit score very negativly.
During the 8 month I have called the ins. and doctors office several times and tried my best to resolve the problem and to correct the info that this is not my debt because I have health ins. The insurance finally paid, which shows prove to MD Primary Care and RA Rogers collections that it was in fact not my debt. I asked them to write a letter to eqifax to remove the info on my credit file. They refuse to correct the false info, their statement : It took 7 or 8 month for your ins. to pay, you should have just paid it yourself !
My question : Can I force MD Primary care and RA Rogers to remove this claim from my credit file ?
2 Answers from Attorneys
Re: refusal to remove of false info on crdit file
Federal law dictates over false credit reporting. Any matter involving disputed insurance coverage is subject to false reporting. You need to resolve this matter with the assistance of the credit reporting agencies as well as notification to the creditor. Resolving improper adverse credit reporting requires a clear assertion of the facts and relevant law. Adverse credit reports, if left uncorrected, can cost you a considerable amount of money with higher interest rates and may even cause you to be denied credit. Contact me if you are unable to resolve the matter.
Re: refusal to remove of false info on crdit file
You should dispute the information with all three major credit reporting agencies. Keep track of everything you send them, or that they send you, and of any phone calls. Send your dispute via certified mail return receipt requested. The credit reports you have received have instructions on how to dispute information on your credit report. The credit reporting agencies must then follow up with the creditors that have not been agreeable. You ma have an action for defamation or false light invasion of privacy against the creditors, but note that defamation has a short 1 year statute of limitations. Contact me if you want to discuss further. Michael C. Worsham, Esq., 410-557-6192
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