So after a bit of an argument on the phone after I was offered 50% back and the warranty intact for 2 years I laughed at him and said what use is a warranty if you refuse to fix it?
Told him it was no worse than ever and I would be taking it to a specialist who has agreed to look at it and do a report about the faulty part, once that was done I would let him replace it with another make and take BMW to small claims for the original part, time lost, the cost of getting the report done and all the cost incurred having it replaced. Mentioned I had already sought legal advice and will be pursuing via small claims court if needed.
20 minutes later I get a call saying they will refund me but the part will have no warranty (duhh)
So at least I get my money back, can't drive it anyway as I just removed both turbos to get them repaired (one whistles due to the bearing and the other is leaking exhaust fumes via the divertor pivot)