it looks like i have finally got a result with Hybrid.

got an email from them today, and they have finally agreed to replace my unit with a new one.

i assume it won't actually be a new unit, (probably a refurbished one) as mine is one of the early 160GB units.
i don't really care, as long as the new one works properly.

ill update here once i get the new unit, and see it working as expected.

thanks to all here for the suggestions, and listening to my rants !

Jason.