A Company Filed a Claim Years Ago But Never Served It — Can They Revive It Now?

Thank you for explaining this. It sounds like a creditor issued a claim form just to preserve their position before the limitation period expired, but never actually served it on you or took any further steps for years. Can I check — have you now been served with the claim, and has the court set any deadlines for you to respond?

Here is the legal position: **Limitation:** Under Section 5 of the Limitation Act 1980, an action founded on simple contract (including most debts) cannot be brought after six years from the date the cause of action accrued. Issuing a claim form stops the limitation clock — but only if the claim is then progressed in good faith. **Abuse of process:** Issuing a "bare claim form" solely to defeat the limitation period, with no genuine intention to progress the claim, can constitute an **abuse of process**. The court has the power to strike out claims that are brought or maintained as an abuse under CPR 3.4(2). **Your options:** You have two potential defences: 1. **Limitation defence** — if the original debt accrued more than six years before any genuine steps were taken, you may argue the claim is time-barred. The six-year limitation period is a complete defence, but you must specifically plead it in your defence — the court will not apply it automatically 2. **Abuse of process** — you may argue that issuing the bare claim form with no intention to progress the claim was an abuse of process, and ask the court to strike it out **Important:** You must file your defence within the court deadline (usually 14 days from service, extendable to 28 days by agreement). Missing the deadline could result in a default judgment. For free debt advice, contact StepChange on 0800 138 1111 or Citizens Advice. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*