Out of service contract ..but "phone" contract til 2010???!?!

[Jaxx10]

Hi all, I have a dilemma ... very stupid to say the least but hey its verizon...
OK ... I had my motoq9c replaced for the xv6900.back last year due to phone problems I requested the upgrade...FREE ... no signing or anything ...

NOW ... here is the weird part..

My service contract is expired ...havent renewed yet ..waiting for a nice phone to come around ... Hubby is also under my ORIGINAL CONTRACT too .. anyways ... I want to renew contract and take advantage of promos on phones ... VERIZON wont do it !! they say that my upgrade is not until 2010 !!!! they dont know how come my upgrade didnt renew my service contract ...and that hes never seen a phone upgrade superceed (sp?) the service contract ... so my question is .... do I CANCEL acct with verizon and come in as a csr or go true ...repair steps and ask for it to be upgraded ?? (which is 3 replacements within 3 months time )