Apply to early for my ILR M

Hi All,
I wonder if anyone can give me some guidance on the below

In march 2018 I was entitled to apply for my ILR on the 10 year basis  while on the 17 of January 2019 I gain the right to apply to the ILR (M). I applied to the ILR (M) on the 5 years basis on the 03 of December 2018 however my application was two weeks too early (I was meant to apply 28 days before the 17 of January).

After calling the home office they advised me to
wait until my application expire so I dont lose the money. Does anyone know how long it takes for HM to refund the money or an application to expire?

Also, I contact an Imigration lawyer who advised me to apply through the 10 years ILR, does anyone know if I can switch my application after paying or do I still need to wait for HM to refund the money so I can apply?

Useful to state your full immigration history and visas etc especially where and when you got a spouse visa and what date you entered the UK on spouse visa if applicable?!!