Ipod touch 2nd gen volume bar vanished?

i noticed yesterday that the volume bar on my 2nd gen ipod touch disappeared when the headphones aren't in but when they are in it reappears i have just downloaded the latest software and have tried resetting it multiple times to no success if warranty is only a year then it has ran out, if i take it to an apple shop will they charge me considering its most likely a software fault? what can i do any help will be greatly appreciated