Sounds like sprouts from below the graft with the info given. Prune them off and hope the grafted portion hasn't died.

Dan

that was my first thought but but leaves on old branches (curly) are same as on new branches(straight) so I'm thinking that its not a grafted root stock issue but once again i don't know.. do the branches grow curly as they grow?

Unfortunately, no :-) Contorted filberts are most often grafted and straight growing branches/shoots are typically a sign of sprouting from the root stock. New growth from the contorted portion of the plant (above the graft) should be properly twisted or contorted, as will be the foliage. And the red leafed form ('Red Majestic'?) should maintain its red coloring on all the new growth (above graft), although it will green out a lot in summer.

Can you post photos?

Yes, foto.

Dan