That didn't work still says object in use, HOWEVER!! I got it working
Downloaded the latest http://www.whdload.de/index.html
17.1 created 2012-10-06 from this month
, unpacked the zip.
copied over WHDLOAD.info into F:\Emulator\Amiga\Winuae\Harddrives\Workbench
Then i went into the WHDLOAD directory from the unpacked zip and copy/pasted everything directly into F:\Emulator\Amiga\Winuae\Harddrives\Workbench overwriting the C\S\DOCS folder, the DOCS.INFO , install and install.info. Then grabbed my whdload.key and copied that into C\
Wolla 17.1 all working and all my games, woohoo
For some reason the whdload wasn't working from classicWB & i was having major trouble with script lines on installing it manually via the amiga desktop. This way worked with the brand new 17.1 with everthing copied over manually, time to update classicWB aswell.