trying to make git annex work locally with an apache webdav server.

I have the webdav server working without issue on computers. When we try to init the repository there we get the following error:

WEBDAV_USERNAME=user WEBDAV_PASSWORD=xxxxxx git annex initremote webdavtest type=webdav url=http://webdavserver/webdavsgare/annextest4 encryption=none initremote webdavtest (testing WebDAV server...)

git-annex: WebDAV failed to delete file: "Locked": user error failed git-annex: initremote: 1 failed

Does anyone have any thoughts? I can post config of webdav if it helps, though the error I receive in the error_log of apache is as follows:

This resource is locked and an "If:" header was not supplied to allow access to the resource. [423, #0]

but I can manage the files through command line, web interface and mounted drive with no issue.

thank you in advance.