Phoned Technical support again today, basically it boils down to that because I can download two files and add both download speeds together to make the 10MB/s, that's fine with them and I have no problem.
It doesn't matter that a few days ago I could download one file and get that speed, maybe then when I'm upgraded to 20MB/s I will have to download 4 files to make that speed up......now I've just got to find the 4 files I want to download at the same time

My pings seem fine not a problem, and this 5.5MB/s cap I have doesn't alter at any point during the day or night, I'm just stuck at 5.5MB/s, but hey Virgin media says I haven't got a problem I haven't got a problem.
I miss Telewest, I never thought I'd have to shop around for another ISP, shows you how much I know.