PenultimateHop: There are other components in the UBS network that provide rate limiting, not just the DSLAM port. Even with ADSL2plus profiles enabled, it's very possible to have an 8Mbps ratelimit configured at the LAC.
Additionally, exchanges won't have ADSL2plus profiles configured on the DSLAM ports (never mind the LAC) until all ports at that exchange are migrated.
Bingo, finally someone who understands how it all works. My one connection (non xnet one) has a sync rate of 4mbps but still have a older 2mbps plan and get capped right bang on 2mbps. My ADSL profile for that connection at the port is ADSL2+ HSI FS/128.
so yes they do have options when it comes to limiting speeds... The only thing that doesnt make any sense in this case is xnet continuing to advertise FS as full line rate when they know full well its not. Shurly they can edit their website.
pitty this wasnt USA. we'd all be off to find a lawyer.