Any proof of this as it's not what it says in their FUP, either they can move you to a higher package or suspend/terminate your service.
Talk Talk’s policy towards Fair Usage is that Customers should be able to use the Service in an appropriate manner to meet their needs. A very small number of Customers use an excessive amount of the network bandwidth at peak times, to the extent that it can impair the performance of others. We therefore have a fair usage policy, which is designed to ensure your Service is fast and reliable 24 hours a day. This only involves monitoring the amount Customers download and managing non-time critical traffic on our network, such as Bittorrent or other Peer-to-Peer sharing applications. If Customers usage is continually either excessive, unfair, inappropriate, affects other users enjoyment of our broadband Service, or is not consistent with the usage we would typically expect on the Customers current package, we reserve the right to upgrade customers to a package more suited for their usage or, in extreme cases, suspend or terminate their ability to access Talk Talk broadband. We also manage the use of file sharing applications as these services often involve huge files being uploaded and downloaded, which can cause network problems and for Customers Internet Service to be slower than normal. Currently, TalkTalk Customers have no restrictions on Bittorrent or other file sharing activity between midnight and 3pm. At peak times, however some TalkTalk Customers can still use those services but they may find Bittorrent or file sharing is a little slower as we limit the amount of this traffic to ensure we can maintain a high quality Internet service for all our Customers. However, all TalkTalk Customers have no restrictions on time-critical web traffic such as surfing, gaming, streaming content from applications like BBC iPlayer or using VOIP packages like Skype at any time.