Transmission not shifing

[spinchick]

I have a 2005 Mini Cooper S convertible. I just purchased it last year. I had the BMW garage inspect the car and was informed that the transmission was fine even though I informed them that there were a few instances when the transmission would not shift from fourth to fifth gear and the RPM's would go up to 6000 or more then the car would slam into gear. Since this time I have tried changing the transmission fluid even though it is sealed for life. I found very detailed instructions on how to do so and followed them very carefully. This did not solve the problem. Lately the car is not going into fourth and fifth at times, even with the paddle shifter. Do anyone have any suggestions? I know there is a class action lawsuit in California due to the many transmission issues. Can you purchase a transmission from a new model (without these issues) and have it installed on this car. I cannot afford the $7,000.00 to $9,000.00 is was told it would cost to replace.

Spinchick