Portable mortgage that wasn't

[amonty1144]

In 2002, I took out a mortgage with Bank of Scotland on th basis I was shortly moving home and wanted the mortgage to be portable. In 2005 I found the house I wanted to buy and applied for a mortgage on a new property. I was refused.
I had to repay a very hefty early repayment charge I was told on the phone when I complained that it was a mistake and it would be refunded. HBOS now deny that I was told that, although their customer service adviser told me on the phone last week that it should have been refunded.
I have read the terms and consitions and it says what will happen if a mortgage is taken out but not if they don't make an offer.
Two years on, I'm banging my head against a brick wall and mysteriously my notes from the branch of disappeared, as I would'nt have taken out the mortgage if I had known had strict the conditions were.
Any one been in a similar situation or have any advice.
Cheers
d