Dear all, apologies - guess caused more confusion than clarified things.
I was refused the warranty by a BMW dealer (who is not the one I bought it was) as per their words the car is / was chipped.
As far as I understand the only way to check that is to use a special tool (which I do not have). However given I had prior experience with JB4 having done some research - tried if it was it (you just push two key on the steering wheel to activate it) but it wasn't.
So I am not even sure if the car is / was chipped at all as no evidence was given to me by that dealer - I was simply refused the service and referred to the dealer I bought the car from.
My concern is that I cannot check if it is / was chipped and don't want to go between dealers in circles but just want to have my gearbox problem rectified. Therefore I wanted to know if it indeed could have been chipped and it was just missed by the dealer before a more in-depth analysis or it is just an excuse for BMW not to spend money on my gearbox.