out of interst what if my hand was QQ or KK and i was playing cautiously in fear of 88
I think the point is the dealer
did not hear you say call, therefore unless you had the absolute nuts, the situation is the same whatever your hand was or where ever you are, you can still be folding, it's just a (much) tighter the bigger your hand. This is not really a dealer error unfortunately, it's your error for not putting your chips in to make the call and making sure you were heard when said the word call.
by your theory my hand should still be dead if i roll 88, because he hasnt heard me, and then i should get a penatly for folding the nuts face up too
Look just put your chips in when you call in future, problem solved!