after going through the libaries i found out that it was not recieving everything, it wasnt getting GPRMC, after finding this forum topic
http://arduino.cc/forum/index.php/topic,91038.0/wap2.html
i found its to do with the buffer size being set to 64 in SoftwareSerial.h. after updating it to 128 its now all fixed and working perfectly.
thanks to everyone thats helped in coming to this conclusion, i hope it helps others in the future.
Spriggsy