Residence Card refused, visa expired during process

[arvggn]

Hi
I am an Indian citizen husband of a Romanian citizen. we married for over 3 years. I came UK in December 2010 on EEA family permit visa valid till 10May2011. I applied for residence card on 12 Jan 2011. The processing of my application took more than 4 months and during that time, my visa expired.
On 27May2011(yesterday) I got reply from UKBA, they have refused the application giving following reasons:
1. Your family member has failed to provide sufficient evidence for us to establish that they are exercising a treaty Right in United Kingdom as a student.
Further they wrote:
On 4 May 2011 the UKBA wrote to ask you to provide further evidence by 18 May 2011 to establish that you are exercising your Treaty right in the United Kingdom as a student. We asked you to provide
1. Original or authorized bank statement for your sponsor.
2. Original letter from University for your sponsors course.
by 18 May 2011 or a decision would be made based on the information we had.
To date we have received no further information from you.

But the fact is that I sent the following documents on 11May2011 which I check has been delivered to UKBA on 13 May 2011.
1. Offer of Admission from UCA(University of Creative Arts) for BA fashion starting this year(September 2011)
2. Certificate of attendances of short courses from St, Saint Martins she attended since Jan 2010 year till March 2011
3. Bank statement from UK and from Romania showing 6 months of transactions.
4. Email copy of the proof of Payments done for the short courses she attended last years and till march 2011.

But they given reason that they did not receive further documents till 18May2011

My question is
1. Whether I should re-appeal (they have given me rights to appear) or to reapply afresh or to return back to my country India and to get back fresh visa.
2. If I choose to go back( I am having return ticket for 30May2011) will I be charged for overstaying and will it create problem for me to get fresh visa from my country India.
3. If I re-appeal or reapply, will my status to stay in UK be considered valid without me charged for over staying.?
4. Is it true that if somebody return from UK on his own within 28 days of visa expiry, it is not considered over stayed?

The immediate reply would be greatly appreciated as , if I get answer on time today and if it good for me to return back to my country it can save me some money used in travel.

Thanks and regards.

Arvind

[smallpie]

i will say u shld re-apply with fresh application and write a letter with it, saying to them u already sent them the docs they requested for..and the postage shows thay received it.
do they send the 2nd docs bck to u or still with them?