help with problem mortgage

connor08

we have an interest only mortgage  we paid our normal contractual monthly payment  in august 20 . 
the same day we phoned to clear the areas balance of over 2000.00
after paying the arreas balance off they phoned me to say that they had taken the monthly mortgage payment that was due to fall due on the 31st of august  but dont worry its not lost we will keep it in an you can utalise the funds at any time as we wanted to change to a capital repayment this year we were advised to keep it in credit to show that my account was in credit it would help decided when switching mortgage products. 
then the department and work and pentions made their contributions  so i had over 523.00 in credit 
so we thought nothing of it 
so in january 2020 i had made a part payment of 300.00 to my mortgage  and as my mother had just died and i had to pay for a funeral i was 90.07p short for my mortgage 
so reluctantly i phoned them up asked if i could utalise some of my credit to pay my shortfall they said yes thats fine i will let them know . 
so in january i was in arreas with my mortgage of 90.07
so i rang them and i said that i had requested you use my credit on the account and they said yes . 
but the woman didnt tell me how much credit i had available . 
they told me that when they never recieved their august payment on 31 august 20 they utalised my credit and it had left a credit of 1.13 
on my account . 
at this paint i made one manual payment for august 20 for my normal cmi 
they took an extra payment because it was due to fall due when i payed my arreas 
then they took a third payment on the 31 st  august out of my utalised funds that i was keeping in 
so they have had 3 cmi for the month of august  when they should have only had one . 
i have disputed this with the ombudsman and it has left the ombudsman baffled 
and to top it off they change my mortgage interest rate every 3 months which the ombudsman is not happy with either . 
i can understand that my interest rate changes every few months that is in my contract 
but sureley they should not have not taken 2 extra cmi when they can see i already made my payment early . 
whare do i stand with this . 
sureley they cant get away with this and then charge me for having areas on my account . 
can anybody shed a light on my rights here . 
as i would like the funds back . 

MWT

Ask for a statement showing the period from whenever the arrears started building up through until now.

You should be able to see what was actually paid and what the outstanding balance of your mortgage was through this period.

If I had to guess based on the limited and somewhat confusing detail in your post, your first payment on August '20 was taken as a payment against your arrears, not as your regular monthly payment. That reduced the amount you had to pay when you settled the arrears later that same day.

Then on the correct day they took your normal monthly payment.

When you contacted them to query it, the person you spoke to was confused by the appearance of two similar payments and mistakenly thought it had been paid twice and marked it as a credit balance, which actually then left the August payment, unpaid, later causing that mistake to be reversed and the credit used.

With the statement you should be able to see all the payments that you have made being applied to your account and thus reducing your balance to what it should be...

If the statements don't make sense, perhaps consider talking to CAB and see if they can work through it with you... ?

connor08

thank you the ombudsman have sorted it now and awarded us 150.00 compensation 
they had taken too many payments a total of 500.00 

we paid one cmi
they accidentally took a cmi when we paid the areas ballance off leaving a credit on the account so that we can utalise at any time . 

so then when my normal cmi that would have been due on 31 when we didnt pay it they utalized the money . but as the ombudsman pointed out to them that they were in the wrong utalizing the funds she has picked up on alot of things that they should and shouldn't have done . they dont give me the correct information when i ring them in and the ombudsman feel that any way the ombudsman have told them that they shouldnt have done what they did and awarded me with 150.00 compensation .