Well it was the motherboard. I bought a MSI cheap board and it cured the problem. the P5K boards seem to have quite a few issues. It is also the first time I have bothered with brand name
ram. I went out and bought 2x2gig of
ram (black dragon) and the aforementioned motherboard. I tried the
ram in the P5K board and it worked better but still had the same type of problem. I did some research on the web too and it seems that the current ASUS P5K boards are a bit quirky. I am going to RTM the board and use it as a pvr but there is a lesson here - and that is don't assume a new build is going to work just because it is for sale.