TomTom sat navs

Hi,I have owned my one xl now for some 11 months.Recently I tried to "upgrade" online.Unfortunately somehow I lost all the info.I contacted the shop "currys" who said they dont handle the warranty and they gave me an 0845 number,after 20 minutes the operator/technician had to pass my query on to his "second line" .To cut a long story short.after 4 dats and 12 e-mails back and forth,tom tom now tellme that as its a software problem which isnt covered by the warranty apparently,I now have to pay for the new maos as I failed to carry out the "recommended" backup.I cant find the afore mentioned "recommended back up " notation in the manual.When I connected the device to my computer to upgrade I didnt get any indication that I should carry out a recommended back up first,in fact their website took over and updated my device as soon as I logged it on.What I need to know are the following,
1)Are "curry's" the seller who I bought it from my first line of recompense?
2) Is the exclusion of "the software" (supplied and preinstalled) legal in the uk?
3) If they recommend a backup as soon as you log on,shouldnt this be highly visible,either in the instruction book or on screen when you log on?

All I really want is my sat nav working again but tomtom's call center seem adamant that I must purchase the "missing maps" to operate on the unit even though the actual operating system seems to be working ok according to them.

Is a contract written in the handbook,which excludes "software problems" unfair to we the consumers?
many thanks for any comments
charles

Update no goer

Well i took the unit back to beloved currys and was politely but firmly told that they could not/would not do anyt hing as the warranty was provided by tom tom not curry's.As tom tom had said it was a software issue,they (curry's could no nothing more.
not a happy bunny here

thanks to Tony

Many thanks ,will compose the e-mail later after ive fuly read the ink,
Many thanks,

Curry's stand firm

Well I wrote the e-mail saying my righys as a consumer had been breached and under the sale of goods stating that Currys not Tom Tom are the company that I have recourse on,I politely asked that Curry's arrange a repair to my sat nav as I had been deprived of using it for some 20 days and as the warranty was due to expire on the 18 th time is of the essence.

I had a reply back stating that curry's had spoken to tom tom who insist that there is no problem with the device and it is a software problem.Tom tom do not consider software faults under warranty.As such my only option is to buy new maps from Tom Tom.
The person accepted that this was not the outcome to my complaint I was looking for but Curry's can do nothing as the warranty is with Tom tom,not Curry's
What a load of wasters.I need my sat nav so i bought the new maps,guess what the machine wont load them!!!!!
Think I'll just chuck the thing away and go back to map reading