All I know is that I use

.goExcel.ActiveWorkbook.SAVEAS(...

Thanks again Lutz,
Turns out that upgrading to a newer version of excel (2013 in this case) solved the problem.
so ultimately it was a permissions issue.
2007 would not allow access to the Save or SaveAs methods during automation.
no doubt there is a way to change that through the "Trust Center" but ignorance on parade here, i could not find it.
But my client was eager to upgrade and problem solved.

regards,