I was the victim of a con-man ex-partner approximately 18 months ago. I took him to court to get him out of the flat and closed our joint bank account. The bank (First Direct) contacted me and said that he had taken out a sole bank account with them and agreed that the overdraft outstanding on our joint account was his only, and he would pay it off. I never heard another thing from the bank until last week when I got a letter from a debt collection agency saying that they had taken over a debt from HSBC and I owed £379. It took a while but I finally realised that this was the amount outstanding from the joint account, that he clearly didn't pay. I know that I am jointly and severally liable, but should First Direct not have contacted me when he first defaulted on the account, which must have been sooner than 18 months ago! Apparently this also ties me, on my credit record, to his subsequent address. How do I get rid of this, as I know he left there owing rent, although at least that's not in my name.

Firstly, you need to write, by recorded delivery, to the bank - explaining all you have said above.

With regard to the debt collection agency - it is in the Consumer Credit Act that the LENDER must contact you if they transfer the debt to someone else, it isn't sufficient for the agency to tell you that - it isn't relevant right now but would go against the lender if it ever gets to court. By way of explanation for the above - I could write to you saying that you must send me a check to clear your overdraft - if I used stern words and printed it in red, would you send me a cheque?

Write to the 3 major credit reference agencies (expiran etc) telling them that you have separated from him, giving both addresses. They will be able to either separate the 2 of you, or at least put a note to that effect on your record that future potential lenders will see.