There's more to this than pure over-utilisation, as evidenced by the spikes through the small hours when the network is devoid of traffic, but clearly VM are displaying the customer focus and quality that they are famed for, since this has been running for months now. You said you wanted out of contract, so there's steps to take now, and of course given the long running nature of this problem you're entitled to compensation for the poor connection, poor customer service, and the distress and inconvenience - I'd suggest asking for £20 a month for the duration of poor connection, and £100 for the poor customer service and £100 for the distress and hassle. There's a guide to what the industry complaints adjudicator considers reasonable here. Note that my suggested £20 a month is a refund, in respect of poor service, not compensation as such. VM won't be volunteering any of these and even in the rare instances they do, their goodwill compensation offers are frankly laughable and should be rejected as a matter of routine.
1) If you have previously raised a complaint, and that's more than eight weeks ago, then you're now good to go to step 3.
2) If you haven't already raised a formal complaint, then you do need to do that as a required step before you can take this further. In this, summarise experience, and ask for release from contract without penalty and compensation as you believe appropriate If doing this for a first time, try the (unfortunately unreliable) complaint form in My Virgin Media. If that doesn't work, do it in writing by post to the address halfway down this page. That will get you a complaint reference, and usually fairly quickly a "resolution" letter. Unless they agree to settle on your terms, you immediately reply, rejecting their resolution and asking for a deadlock letter. You then move on to the next 3.
3) With either a complaint reference that is over 8 weeks old and still unresolved, or with a deadlock letter for a newer complaint, then you escalate for arbitration at CISAS. Again, summarise the complaint and the history of trying to get it resolved, including any instances of long call waits, call disconnections, rudeness, or broken promises, as these are important additional considerations when CISAS's trained adjudicators consider any complaint. Ask to be released from contract without penalty and for compensation. If you need to involve CISAS, the grounds of your complaint is the poor performance, and your request for release from contract without penalty is twofold: First the Consumer Rights Act 2015 that requires any consumer service to be provided with "reasonable skill and care", and second, the Ofcom Fairness Commitments, that state "Customers’ services work as promised, reliably over time. If things go wrong providers give a prompt response to fix problems and take appropriate action to help their customers, which may include providing compensation where relevant. If providers can’t fix problems with core services they have promised to deliver within a reasonable period, customers can walk away from their contract with no penalty." Remember that CISAS are independent - they're not consumer champions, they're adjudicators, so it is down to you to make a solid case as to how and why VM have failed you, failed to rectify the problem, and caused inconvenience and distress.
Of course, VM could save themselves the adjudication case fees of several hundred quid by settling with you now. You know they'll lose this case at CISAS. I know they'll lose this case at CISAS. Forum staff know they'll lose this case at CISAS. The only logic for refusing to settle is the hope that you'll be put off and give up, and there is a certain amount of evidence that supports that rather twisted approach to complaints by the company. If VM do make an offer at this point, don't settle for less than you think is warranted, since by settling without you involving the adjudication service they're already around £400 better off.
