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Originally Posted by Stuart C
You actually answered your own question. They would have to prove it if you took them to court for breach of contract. They would need evidence to back up their claim that you went over the limit.
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The reason that I said they don't have to prove it is that realistically anyone seriously violating the terms and conditions will know full well that they have done so. They will know that NTL will have the facts and figures to back up their case and that taking any court action is almost certainly going to end in failure. They will have to pay the costs of the action and still end up with either a reduced service or no service. Don't forget that NTL usually isssue a warning and only take action if that warning is ignored.