Sorry that it taken so long to finally put an end stop on this fred but I think it's time.
The car was on the monitor etc as previously explained...
It was not throwing a particular type of data (never explained in more detail- must have been getting close to sensitive info or some crap...) that would usually end up with them drawing the conclusion that I had had the ECU tuned. I think that it was only that I had such a comprehensive record of service- BTW only with them since I bought it!- that they felt compelled to believe me when I denied ever getting ECU work done aftermarket.
After much more waiting they finally got a brand spanking new ecu in direct from Japan. Remember that this would be destined to be the third ECU in my car...
They replaced the ECU and handed my girl back. Drove smoothly but very soft at first. After probably 2 dozen resets and a new ecu previously I had never felt the car so dozy with a low advance multiplyer...
Two days of furious frottleworx and the AM was up and the car was the strongest I'd ever felt. There is a slight lumpiness to the rev range, but now I would consider this to be about normal. It doesn't , or hasn't done the cold thing in ages, and the worst of the lumpy hot has gone, but best of all the car has never been faster! the arse dyno reads up 10-15kw!
This work was completed 3-4 months out of wty- so I can thank Zupps Capas very much for that. My only negative is this- They blow an ECU doing an update. They manage to get a replacement the very next day to put in the car, and it turns out that the ECU is not throwing all the data.
HMMMMMMMMMMMMMM what are the chances that the ECU was a case of-
"THis ones got a small issue, but I bet he won't notice. It's going to cost us $XXXX from Subi who won't cover it 'cause we blew it up- so put this one in, it will get him going- and we can hope for the best..."
I did Ferkin notice- and I'm still noticing how much better this one is!
I guess I should be grateful rather than a conspiracy theorist!
The wags has since had a couple of custom sport muffs installed with quasi STI quad tip looks, which have consequently caused the car to boost spike and hit the fuel defender.
That same day I installed a boost guage hidden in the cubby and saw that it was spiking all the way up to 18psi on initial boost up when cold, and 17 when hot! This has not lead to a cut out, so what did it hit the morning the defender did intervene?????
It sits between 13- 15 psi most of the time and a few of the tuners have said that the spike is the result of a reduction in back pressure. Isn't it interesting that most tuners state that the exhaust isn't the restictive element, but yet I now have proof that it can allow boost spikes in an otherwise standard car. I understand that it hasn't changed the constant boost, but still....
Anyways that brings forward the ecu tune, and the study of this is sending me batty. Every tune house has a diferent story, and most consider the other methods they don't do to be dodgy. But I think that the end result will be a ezyflash from Chip torque after a resonatorectomy CAI home jobby.
Thanks for tuning in- hope it helps you guys in a similar situation...
Ferk that was a typing mission...

Whiteline rear sway, King lows, Custom quad tip muffs, Subi sport grill, HID's, Boost guage, JL slot port 12" off the standard mac, RB3l 18's ezeflash tune 150.9kw@4w 15psi 36degC...