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Galaxy nexus volume problems wont go away!

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I bought my Galaxy Nexus on thursday 22nd dec and found the phone is still running android 4.0.1 with the annoying volume problem on 2g. It did not update when first activated as it should have done. I travel alot and my new £520 phone is virtually unuseable in certain areas. The most frustrating thing is no matter how many times i check for updates the phone says it is up to date when clearly this is not true, I have spoken to O2 who suggested I try a new sm in my phone "as it sounds like a sim problem". Samsung dont have any updates on their website which leaves me with the options of returning the phone which is a last resort or rooting it which invalidates the warranty. To say im annoyed is an understatement. Sorry for the long 1st post but this shouldnt be happening considering there is a patch out alreay, I feel Google seem to have forgotten about europe and are pooling all their resources in america now.
Any suggestions?
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Bought a grippy silicone case to prevent the new phone from escaping from my jacket pocket again. Nothng worse than seeing youre shiny new toy smash into concrete, battery and rear cover flying off in opposite directions leaving a crack along the bottom of the screen. It was painful! O2 deserve a round of applause for exchanging it, might go out and get a lottery ticket if my lucks going this way. Lol!

I've got the one with the rough sides, quite good as the phone tends to spin on my hand first with the friction of one side being free, giving me an extra few milliseconds to catch it! Engineering.
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