A little update, I read out the PIC's program and found that the PIC reports its size as one amount and the program is also the same size but when you read it out it comes out as different and errors at the same bit address each time. When you try and blank it it reads as the correct size and blanks, then when you reprogram it it errors out on the same bit address as before. Looks like it is not right so as said the manufacturers have asked for it back to either fix it or send me a new one.
On a side note to others who may be reading this and are having issues, one thing that was pointed out to me which is a valid thing to try. Not all USB cables are the same, some have better connectivity than others some for some reason work and some don't. I have had this issue before with a camera both cables were electrically the same according to my multi meter but one would work the other would not although both cables worked fine on another camera I have, go figure. Mine obviously didn't make any difference