Cheers BG, temps for the card are perfect, 45c idle, and 65 fully loaded, which these cards are safe upto 100c, this card will run the latest gen games without any fuss at all, this is why its bugging me, why it wont run an older gen game...im starting to lean towards an OpenGL issue with the Ati 8.12 drivers, as already stated it doesnt do this in DX mode, but the performance is rubbish...heck, im used to fixing computers and troubleshooting problems, but this is just something that has me stumped. well 11pm now ill head to bed and continue this tomorrow, hopefully in time to fly.
I appreciate the help and suggestions guys, cant thank you enough.
Oh and BG, you dont have Tripple Buffering for OpenGL? hmm i think ive got mine on, ill try that tomorrow and see how it goes.