Just got off the phone with BMW Service Dept. They said that they would have to inspect the colour of the oil and if required change it ( and a pan gasket) at my expense and change the adaption ( I assume upgrade the software). They said that due to it being out of warranty I would have to foot the bill. He said althought it shouldnt effect the gearbox, that most customers get it done because its annoying. I really think they should foot the bill as it is obviously a factory defect.