Yep...
Just for the record I have balanced the scope and everything works fine with it. If anyone else gets a scope like this and has the same problem try balancing the scope. The actual tube assembly needs to be balanced or it will not lock properly as the weight will pull it on one side or the other and the lock will often come undone.
The mount on this telescope is actually pretty good.
In any case I will definately be upgrading one day alas this little scope is good but it is just a bit to small in aperture.
Anyway everything works fine now and it was so easy to fix. Alas it is my first scope and I am entitled to not know simple stuff at first

.