Yet another Transmission Issue - 2005 X5 4.4

[zeroboot]

I have what looks like is a common issue based on the other posts on this and other forums. This has to do with the 'lurch' and 'shudder' that many people seem to be experiencing...

Here are the symptoms:

-During a cold start (cold being the engine is cold and its -10C or colder), from a starting position when shifting from 1st to 2nd, there is a noticeable pause, engine revs high, and then a very hard shift into 2nd. This will happen consistently but tends to go away as the transmission warms up.

-When driving at various speeds (slow, fast, doesnt seem to matter) there is a subtle but noticeable shudder, almost feels like the engine has a slight misfire, but there are no other symptoms to indicate that is the issue. It feels like the transmission is not quite fully engaged (cant think of a better word).

-From a rolling stop, and then acceleration, the transmission downshifts, there is a high rev, and then the transmission upshifts, and the common 'bang' into gear, which often feels like the vehicle was rear-ended.

-when driving at a low speed (anything under about 50km/h), I pump the gas several times. this causes the transmission to shift and I get a high rev, and then a pause and the transmission re-engages (similar issue to the lurch). I can reproduce this fairly consistently.

I recently had the tranny gasket and sealing sleeve replaced and 1 litre of fluid added to top up (M1375.4). This was done by the dealer under CPO, after finally convincing them that this should be covered - but not before I decided to go and have a 'long talk' with a service manager and BMW HQ.

I still have 50k or 1 year of CPO left. Should I be pushing this issue with BMW to replace under warranty or is it possible that this thing will last? I have previously had them do the tranny re-program, which obviously doesnt fix the underlying issue.

What would be the best way to build a case to show BMW that the transmission should be at least serviced if not replaced?

thanks,
jb