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Time to call the service manager, and BMW - you are getting f'd.
The bulletin clearly says your wastegates have failed based on the description of the issue. I would escalate it so far they would fear making this judgement call on the next one.
You may wish to mention this is court ordered and there are in direct violation of the ruling and your consumer rights.
Which dealership is your car at? I might want to call them myself for practice, lol!
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