Ok, solved
updated to firmware version 30.033 dated 18/06/09
1. install Nokia PC software Suite that comes with the phone *NOT* the latest from the web
2. install NSS(Nemesis Service Suite) software and follow instructions in link for using NSS above to change product code to 0568238
3. Disconnect phone from PC
4. Install Nokia Software Updater (NSU) I had the charger connected to ensure that the battery did not go flat during upgrade
5. Connect phone when requested and wait a while, if the NSU software advises no device found, wait for the PC to finish updating all drivers(seems the NSU changes drivers) and then retry.
6. NSU will down load 135mb file (much larger than the 3mb OTA)
7. wait for it all to finish and you are done
Note:- You are advised to backup data first, my phone had very little on it that I could not replace easily therefore I did not bother, I did not lose any data, however be warned you could lose data and brick your phone if it all goes wrong, your choice.
Cheers