OK, so after stressing and benching the GPU appears fine, so i ran BC2 for ages no issues. I then played Counterstrike and it still froze. I then looked at some other peoples posts i thought about the DX level. Counterstrike has been around for a long time so i tried running the latest version of DX that CS supports which is DX level 95. It seems to have worked, found though that the game will freeze now if i tab out, the driver doesnt fail at all when the second type of freeze occurs and nothing in event manager.
Basically, the drivers that nvidia have launched appear to have a lot of bugs in, so im submitting my reports to Vavle and Nvidia in hopes they can look into it. Not sure how much response i will get though as if you run DX 95 and dont tab out, it works 100%, its annoying, but i think once the new drivers come out it will improve.
Incase you are thinking, this is usually hardware issue, in order to enforce anything lower than the latest version of DX, you need to do it at the hardware level, not software, considering i was running everything in DX 8 mode, i can understand why the nvidia drivers had a fit running CSS compared to BC2 which is DX 11.