Mem leak from He!! what to do?

[4wheelfurry]

The phone is new, 1week old. I got it off flebay, new not referb, came with the 1.04, life counter said new but warrantee is up..

Out of the box gwes.exe started normal then ran up over 15meg, soft reset will "sometimes" bring it down to where it should be (3mb) even if it comes down after a short time it is back up over 15!!! I have ran the Palm patch for the corrupted reg but I didn't run the ROM update being it is already the 1.04.. It has never been deemed certain that 1.03 actually had a mem leak, should I try the ROM update anyway?? I run cleanRAM on it, doesn't do anything.. Can't see it being a 3ed party app since I did a hard reset again last night and it started all over again... I don't get it?? What can the ??

Attach is a screen capture of this cr@p