Hmmmmmmmmmmmmm very strange you got probs with the new upper deck.
I got a 08 E4RS and a mate of mine has the same.
He and i put the new(09) top deck on the car with no problems.
If you have the older E4 than i could be but i don't know for sure.
The 09 car has a bigger hole where the motor comes because of some brushless motors that are bigger.
The new top deck is narrower at the back so you can lead the wires better to the battery(lipo).
http://www.teammagic.com.tw/en/profr...3003&pageNum=1
I tried it and had fitting it to the car and there was no problems with it as you have??
Where i drive(in Holland and look up the tread of the VG cup on the TM site) we have some drivers who use the TM E4RS and they beat the new Xray 09 spec car and the guy who is driving the car(Xray) is not the slowest driver arround

Perhaps it is just a car that don't suit your driving skills??
I have that with Yokomo.
Great car but i can't get it to work for me.
cheers Roy