thanks for all the help guys
right ive tried a few things, optimizing some settings, no page file etc, disabled the on-board hd sound card, that pci latency app completely freezes my PC :\ cant seem to get it to run at all

fully working graphics card with drivers etc, ati radeon hd3850
on running simply the dpc latency checker and Cross from bootup, im solid on yellow bars, one thing to note back when i used to use mixvibes DVS (on xp and win7) i had trouble running @96khz and running vsts etc, finally found the cure on here to disable two of the bios settings that are still disabled... names of the 2 settings evades me but it cured the strange garbled frequencies when mixing (best way i can explain it lol)
hmm, somehow when messing about with the preferences in Cross i managed to change my sample rate to 96khz on the fly, seems to allow me to change it all the time now... strange lol
not sure what else to try, might see how Cross behaves in xp