ILR gap b/c of fees not paid,court hearing on 12 jan,help!!!

[kicho786]

I applied for indefinite leave to remain on 10 years lawful residence in UK but home office refused claiming 91 days gap. in april 2007 i applied as student extension, they couldnt take money from my credit card and sent it back but they given me 28 days, now they are claiming those 28 days as NOT lawful residence status. can someone help me that in april 2007 these 28 days considered as lawful time for resubmitting application or not? someone told me that it was lawful time considered in 2007, pls help. i have court hearing on 12 jan 2010.thanks