Jr is pending can I apply ILR

Hi guys I am a student and qualify for 10yr long residence in May 2015. I enter uk 05.05.05 after 3 renewals my last student visa was exp at 21st August 2014. So I had the gap of 9 months to qualify for 10 yrs. as per my soli advise I have aplied flr fp to catch up some time. HO refused me with no appeal rights in November.
(Reason- my 2013 - 2014 visa was curtailed due to uni closedown I knew it and I called HO to consider my case to transfer to another placement without a cas letter. Coz to get a new placement needs lots of finance. HO ignored me and they didnt send me a curtailment letter neither which put me in trouble to enrole a new one)

December we request JR & send a reconsideration letter to HO. This month treasury solicitors have send me a consent order saying that respondent agreeing to reconsider my case and ask me to withdraw my JR. on top op that it says the applicant application for leave to remain dated 20th August 2014. Which is one day before my leave exp.

So let's get to business my gurus and seniors what do you think about my case can I withdraw my JR and apply ILR ???
: did my 3c will continue if my consent order seal by the court ?
: or shall I wait the HO to reconsider my app they have asked 3 months in time.