A855 - 5 Speed

If it was my trans...I would take it to my friend who has 40+ years experience in gearboxes. He and I would open it up and find out why it's not staying in gear, and if the issue were fixable*, we would fix it. There's no point in continuing to hope the sellers can fix it - they've shown they are out of gas. You need a fresh set of eyes on it.

*I'm kinda wondering if the issue is manageable or unfixable. For example, if they located two of the shafts not in parallel, it might be an issue that only gets resolved by going to a new case, etc. It's interesting...4th gear is usually and most likely the gear when the least is going on as it is direct 1:1 drive.
I don’t think it will be that easy unless you happen to access to the engineering drawing. If the tranny flat did not go into gear it maybe possible to find something binding, but that is not the issue here. To pop out of gear it says to me something is either out of tolerance or was made to an improper tolerance. That will be hard to find without disassembling and measuring a lot of finely tolerances parts.
The issue will be near impossible to identify unless you know what the tolerances are on a transmission that does not pop out of gear.
I think that what ever is wrong,it is not out a lot or there would be noise, vibration associated to the transmission. I do agree it could be something major like the case.
If it was my tranny,,, I would either 1) get my money back or 2) get a different A855 transmission, with a written extended warranty kicked in. If Passion will not do 2) I would be going after 1)