never did get that call from tier3 but after the last time on the phone
to tech support 30mins of the normall they said they would pass me on to tier3 told her not to bother as i had been waiting two weeks for the last call

next day my line has been capped and not had any slow downs or disconnects since now been up for 40hrs

ADSL Link Downstream Upstream
Connection Speed 4000 kbps 416 kbps
Line Attenuation 57.0 db 31.5 db
Noise Margin 13.7 db 13.0 db