Just rang Microsoft and got told it's a common issue with backwards compatible games ... been told it could take 2-7 hours to fix and hopefully that will be the last of it so if anyone else has this problem it's worth a try ringing them. can keep updating if anyone would like me to as it may be some use to someone hopefully that's the last of it Now tho as this has become a joke

It's finally working! Only took 4/5 days Lol Anyone who has This problem ring Microsoft and explain good luck!