Just an update, I sorted out the problem.
Took the battery out again and investigated the housing, clamp, rods, there was a little bit of metal holding the rod where the clamp part with the hook connects to in place, the battery was sitting on it, not sure if it was already like it or I bodged it by putting the battery in too quickly, either way, bent it out of the way, removed the rod, checked it, put it back, replaced the battery and voila, sorted.
Thanks for the comments.