uh god yes. I had to repartition. this has nothing to do with WD. Vista went to sleep/hibernation and locked the drive. mint cannot access it as it is reporting it is in use by windows. from my research the only wat to get around it is to plug it back into the system, the one that locked it, and shut down the computer then remove the external. as I had already went to mint I could not go back and unlock it so I repartitioned the drive.
this was my problem anyway