ok .. got it working, but I had to change the code for the confirmation popup to be this
"CNF_BKG1","SETVAR;CONFIRMTEXT;Day Background Set||MENU;Confirm.skin"
I also changed the confirm skin to use a variable rather than a define code ... not as clean as I'd hoped, but it works.
There was something with the timings between the write to the INI file and the write to the confirm.txt files ... and using WAIT's were causing too much delay in the skin...
thanks for all your help guys ...