I was able to fix this issue
I removed my modem which wasn't the PCI equipment as I still had the same issue
I was able to download the latest intel MEI driver
for vista 64bit
it failed initially but Windows 7 changed compabability mode and was able to install and reboot
PCI device went away
installed my old dell pci modem and Windows 7 found it as "In-Build CX11235"
all good thus far!