thanks for your replies, still doesn't really make it clear what falls under "extraordinary circumstances" does it, I have spoke with BA again today and told my case will remain on hold until this court case ends with a decision, I said if they thought they didn't have a case to answer to then they would have closed it straight away, I was informed, current legislation stands this would fall under EC, but they would not like to close it then have to re open it if the EU legislation changes.

If they went with the legislation today there would not be a case...

I am getting a bit confused as to be honest never done anything like this before, so will send my letter from Martin lewis website..

Thanks again for replies...