That seems to be the exact problem ok TCS, thanks, just had a quick look through that link, and I can't see where one can download a fix for this,if it is a known win 98 prob you would think there would be a downloadable fix for it.
Will have anothe look tomorrow, am to tired tonight.
Thanks for the help peeps, given up on the CD burner for now, going to have a wander to the shop where I bought it tomorrow, see if the chap there has any ideas, it doesn't appear to be a problem unique to my machine.