EE lying when you ask about FTTC upload speeds

I had cause to look into the upload speeds on EE and couldn't initially find it on their website so I went on to their chat:

info: Welcome to EE. A Sales Advisor will be with you shortly. Please note they do not have access to existing customer details and cannot process upgrades or queries related to an existing EE account. If you have a query of this nature please contact customer services on ***** or 07953 ***** ***** from your EE handset
info: You are now connected with 'Maddox'
Maddox: Thank you for contacting EE, UK's biggest, fastest and most reliable network. I am Maddox and how can I help you with your order?
John: What is the upload speed on your Fibre 38mb package
Maddox: Hi John, Good morning
Maddox: I'd be happy to help you with that
Maddox: Please provide me your complete address,post code and landline number to check that information for you
John: <removed>
Maddox: Thank you!
Maddox: Please give me a moment while I find this information for you
Maddox: As I review your details, I see that unlimited data is available for you on fibre broadband
Maddox: We estimate that your line can support download speeds of between 62.6 Mb/sec and 80.0 Mb/sec, and upload speeds of between 15.9 Mb/sec and 20.0 Mb/sec.
John: I've run the checker but it doesn't tell me the upload speed if I opt for the 38mb package. It will either be 2 or 10.
Maddox: Ok
Maddox: On 38mb/sec package you will get upload speed upto 15mb/sec maximum
John: OK thanks

Someone then pointed me to http://ee.co.uk/help/mobile-and-home-connections/bro... where it says:

We offer two types of Fibre Broadband package:

Fibre Broadband - with download speeds of up to 38 Mb/sec and upload speeds of up to 10 Mb/sec
Fibre Plus - with download speeds of up to 76 Mb/sec and upload speeds of up to 20 Mb/sec

I've just had a follow up call from them and I challenged the upload speed pointing out that their website said otherwise. Even after speaking to his manager he insisted that on the I'd get up to 20.

A pretty clear case of miss-selling!

Miss-selling through a mis-understanding of what happens to the upload speeds if you order an up to 38 Mbps package from Openreach.

The upload profile of EE users running our speed test also pretty much proves they are not doing a weird capping but using the 80/20 Openreach product for a chunk of users.

Around 8% of EE FTTC users are on the up to 20 Mbps upload the other 82% FTTC are clearly on the up to 10 Mbps. No sign of people stuck on the up to 2 Mbps profile.