WIndows 7 - vba file lock

I am running Office 2007 on Windows 7.
My Access application tries to write text to a file on a network share.
The first time it works. However, if the code tries to re-write the file, it comes up with a Path/File access error (75).
It can delete the file, just not recreate it.

I am running the code as a member of the administrators of the SBS 2003 domain.
The script to write the code is below - but this works fine on other computers.

Here's the strange thing: if I write to the file the first time from my Windows 7 machine, then log onto the file server and delete it, i CAN re-write it from the Windows 7 machine. It's only when the Windows 7 machine deletes it that it can't recreate it. somehow, it is creating a lock on a hypothetical file. The file server shows NO lock on this (non-existant) file when I go into the "Open Files" section of the "manage computer" console.

I have tried turning off the anti-virus (Kaspersky) but to no avail.
I have tried bypassing the code and manually creating the file in the directory, but I get a File In Use error from Windows 7:

The action can't be completed because the file is open in another program.
Close the file and try again
test.txt
Type: Text Document
Size: 0 bytes

Again, I checked the local "Open Files" list and nothing was listed.
If I bypass VBA, and manually create the file on Windows 7, then delete it, then I am able to recreate it. so maybe VBA creates things differently in Windows 7?

Is this a bug with Windows?

thanks

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Dim FileNumber As Integer 
On Error GoTo ErrorTrap 
FileNumber = FreeFile
If FileExists(pmFileName) Then Kill pmFileName
Open pmFileName For Output As FileNumber
Print #FileNumber, pmTextToWrite;
Close FileNumber 

FinishOff:
Exit Sub 

ErrorTrap:
MsgBox "Error writing text to file:" & vbCrLf & Err.Description
GoTo FinishOff