Ok so everything has arrived at last and I sit down with my broken arduino and remove the voltage regulator and replace it. Cool, it now outputs just under 5v (4.96v). So I plug in the atmega328-p chip and go to burn a bootloader using this schematic:
http://arduino.cc/en/Tutorial/ArduinoISP (Circuit (targeting Arduino Uno, Duemilanove, or Diecimila)).
Uploaded the code ArduinoISP after setting :Tools - programming - to arduino as ISP.
I used the same duemilanove model from the same seller to act as an ISP, it states the upload completed successfully (bootloader uploaded via the :Tools- programming- AVR ISP) but I still cannot upload the the "broken" arduino, no com port is detected. Although I can upload via the new board and it acts as a slave and will just copy the code programmed to the new one until power is removed then it "forgets" what was uploaded.
Any help would be great.