Dr Pepper & NiteMare thank you for your replies, today I phoned Ashcroft Tran's and they passed me on to R Whitehouse & Son and your both in line with their ( well Colins) comments, I must say that R Whitehouse & Son, Colin gave me 45 minutes of his time and has not got a solution for this situation, only because it shouldn't happen. I found him very intresting and it goes without saying very helpful.
Tonight a friend of mine took it for a road test and we changed the boxe's oil and check it over again, it's a little better and will allow me to use 1st.
While I was talking to Colin at whitehouse we started to talk about options of gearbox Tran's solution's for 200tdi convertion in 109, this opened quiet a lot of options, but this is a thread on it own.
So the gear selection of 1st is a little happier, even if it did play up when I got back on the drive at home. Well tomorrow's trip to work will tell !!