Ok, soi I thought thuis had either been fixed or was a once off bug, but it's back.
Only occuring since the update, in Vvardenfell - I cannot use my Blad of Woe half the time, the option simply does not appear.
PLEASE FIX IT!
I pickpocket until chances are below 100% then kill to try and get the already Super RARE Motif's, which are now nearly impossible to get because of this.