A debtor had a mental health moratorium in place which meant that any creditor was prevented from taking action against her.

The debtor was evicted from her property upon the application of a creditor who had secured a charge over her property. The property was sold whilst she had a moratorium in place.

The court ordered that the eviction and sale were null and void and made an order to restore the position prior to the eviction.

The moratorium is designed to give debtors breathing space for individuals and the courts will take a dim view of any creditors seeking to override this.