Ok so after several hours paniking not sure what happened but I was finally able to get the private key to work and yes I used a bip38.
I was using my computers webcam and kept getting an error of no private key found on the QR code, so what I did was just kept on retyping the code and after several times it finally went through and I entered my passphrase.
Anyhow I do not know if I can put my trust into these paper wallets at this time just seems so risky for the generator to provide a false private key I will have to test these wallets out more in the future.
Thanks for the help guys.
Download the qt wallet and it'll create the private key, it's just that you won't be able to see the private. Then encrypt the wallet via the button on there.
Then make a backup of that wallet after encrypting.