do i need to pay for the upgrade?
about the cost for upgrading firmware
No, it should be free.
Don't let companies tell you it costs to go from branded to un-branded either, this is another lie.
unless its out of warrenty
I agree it should be free, especially if you are getting problems with your current firmware. However, I just could not be bothered (and didn't have the time) to fight Nokia and "3" over their stance on Nokia Service Centres not being prepared to overwrite a flawed, branded firmware (v2) with their latest, much improved, generic Nokia one (v5).
I just stumped up the �20, sent the phone off, got it back 2 days later and have been much happier since. The reduction in personal stress was worth it - much cheaper than a session in therapy or anger management.