Contacted OcUK and getting this RMA'd.
For whoever asked the games I'm having an issue with are:
Shadows of Mordor - If you do get to a scene where you use more than 3.5 the fps drop is very visible and game also starts stuttering.
Assasins Creed Unity and Far Cry 4 are both the same and I know these games have had their problems but having installed Hitman Absolution and Dragon Age Inquisition to test whether it might be an unlucky batch of games I was hit with the same issue.
It's a shame as it's the first time I've went to the green team as I built my new machine to make sure DA:Inquisition and The Witcher 3 were able to be played at 60fps @ 1440.
The cards themselves look awesome and feel great, the Nvidia software is so much better than AMD's and as useless as it is in most games I love PhysX but I'm not going to keep a card which clearly has a massive flaw and gimps my games especially having paid £600+ for them.
Maybe see if Nvidia respond first, although I'm glad I didn't buy and did a bit google fu first.