Your 40 GIG drive shouldn't be anything less than 37, and even that is quite a jolt down. I mean, there's a lot you can do with 3 gig of missing space that you suspected you were paying for.
I would strongly suggest finding the phone number or website of the business of the hard drive and ask them and explain your problem to them. They might have a solution for you. I say this because if it's a problem with everyone who has the same drive then they'll have an answer right away and that's always a good way to find out!
Best Regards,
Bill Martin