[andygrif]

To be fair, if a company says that speeds are not guarateed in their T&Cs but then advertises and sells an 'upto 10mb' service then it could be seen as misleading to consumers if that product did not reach that speed or close to it.

But we know that VM's 10mb can and does reach 10mb, so clearly there is an issue with this connection. So under consumer law it could be argued that the product was not fit for purpose - which might be grounds to convince someone at Virgin with a little applied common sense to allow what is clearly an unhappy customer out of their 12 month agreement.

What the O/P hasn't said is what he wants the outcome to be.

1. Does he want it fixed?
2. Does he want an early exit?
3. Does he want to downgrade to a service that works for him?

1. As I have already said, write a letter to the company secretary saying so, sending via registered mail putting them on notice that he wants it fixed in the next seven days. Give an outcome if the company fails, such as reserving the right to end the contract early, as the product is not fit for purpose.

2. Again, as said, if you can find someone with a little common sense, usually by politely working your way up the escalation order in the call centre you might find that they will allow you to be released from your contract. If not, again, registered mail, company secretary, stating reasons and giving 30 days notice.

3. This should be the first one I guess; if you're only getting a 1mb service then what happens if you donwgrade to a 1mb service rather than paying for the 10mb service, (although I'm not clear if you're still getting the 10mb service for free or not).

Realistically you are not going to take them to court, you have no grounds to as you have no losses - but you can get the problem solved.

Assuming you want to.