Well I finally gave up and wiped my hard drive and reinstalled win 8 then the updates , then loaded win 8.1 all installed ok. so dam frustrating to have to do this.
I did not change my hardware configuration just did a wipe and a clean install I did not load any apps or programs just the windows updates so it looks like drivers or software, well for me anyway.
so good luck all and Microsoft you should be ashamed of this product roll out