iPhone 5 not downloading some songs from iCloud (via iTunes Match)

THe problem:

MY iPhone 5 is connected to a home network but for some reason it will not download songs that are in the iCloud and have been matched/uploaded to iTunes Match. - help

The Facts:

- all software (iTunes windows7 , iphone software etc) is up to date

- the album was copied from my partners PC and we have home sharing all set up and I have authorisation to play.

- The songs stream ok over the cloud

- the songs play and download ok to my PC and my iPad from the cloud

- it appears only the songs that were uploaded to the cloud are having problems downloading to the iphone 5

- the album itself was purchased by my partner from the iTunes Store

what I have tried to date:

- manually forcing an update of iTunes Match on my PC

- restarting my iphone

- deleting the album and adding again ( while ensuring I manually updated