I'd say we're back in business!
For anyone who runs into this problem the only addition to the above post is is how you power up your set up.
The only sure fire way i got mine to work is to power the capture card before attaching anything to it. (i'm using the cheap Ali Express card with Loop you see posted all over the forum). Attach the HDMI out, HDMI in & USB. Lastly power up the rpi.
It seems as long as the rpi is powered last & everything else is powered prior it works like a charm.