This post I will start of with some gratitude.
Thank you to Jill at ntl and to the cableforum team for getting me reupgraded I am now back on the top tier and happy again
Concerning the speeds, earlier around 6pm just after I was fixed my speeds on adslguide were what the modem can do around 4.5mbit, but I noticed ftp and http getting very low (lower then what I had on 2mbit) so I did another speedtest and got around 1.5mbit, I am not going to moan a big deal about this tho for 2 main reasons.
(1) We need to remember this is still in trial phase as classified by ntl and so they know and expect things to improve.
(2) I am seeing tons of maintenance notices on the ntl status page for my area so when these stop appearing I will review my situation again and see if its better.
I think I read on another thread or forum that ntl are garantueeing 3mbit burst (after the trial) and speeds are only upto 10mbit will will probably be in quiet periods of the day, and even I do not expect 10mbit speeds all day every day. For that kind of service one should expect to be paying a 4 figure sum each month.
They appear to be doing some shaping which is good as ssh isnt lagging too much for me, and pings are fairly stable as well it is just throughput.