thanks Dave,
its just a 2001, and yeah it originally had just the lip spoiler with no brake light in, but after several arguments they agreed to replace it with a new spoiler - originally they didn't even replace the boot, even though it didn't shut properly - but they just changed the badges to make it look like it had been changed, moral of the story should have gone to Lexus Coventry. :tsktsk:
yeah the brake light unit is still on the rear parcel shelf, but i'll have a look to see if they disconnected it or removed the bulb, knowing them they've properly just taken a hammer to it until it stops working.
Seen as im off work for the next couple of days think i will take a look at it : )