okay, it was on 1280x1024 with no AA and no AF, doh <headslap>, when I jacked up the resolution (1600x1200), AA (x8) and AF (x16) it made a big difference (2000+), I just got done benching both cards...
I prefer that to "OMFG a dude slapped a 4870 cooler on a 4850 and sold it to me as a 4870...!!!"...
flashed it with the ASUS TOP 4870 bios and bumped up the clocks to 830/1050, from the stock Visiontek bios and clocks (750/900) to the ASUS TOP bios and OCed clocks there was almost a 1000 point jump to finally topping (pardon the pun) out at 10,406 points with 8xAA and 16xAF at 1600x1200...
I actually think the upgrade was worth it now, $85 USD for the 4870 and I know I can sell the 4850 on CL or to a friend for ~$70-$80 USD (people have posted on other sites about recently buying used 4850s for this amount), so it would come out to about a $5-$15 USD upgrade for ~ a 25% performance increase...