Reliance trying to charge for a service that was previously free
I purchased my house about seven months ago in Ontario and absorbed the tankless water heater rental with Reliance. The water heater is original to the home and about 20 years old.
When registering with Reliance, I never received any contract or written terms of my agreement. But they told me several times over the phone that my rental comes with free service and maintenance of the water heater. My realtor also told us this when we were in the process of the purchase.
In fact, we had the water heater looked at by them about three months ago due to our complaint that water took too long to heat up. The phone representative assured us the service was free due to our rental agreement. The technician advised us that the age of the unit was the problem and the best thing to do would be to replace it. We didn't take any action at the time, it still worked, but we told ourselves we would replace it when the weather warmed up.
Fast forward to two days ago, we can't get hot water out of the taps and discover the water heater is leaking badly. I called Reliance to schedule a maintenance call and was told it would be $99 for just a diagnostic.
They are now stating that I do not have any service or maintenance coverage, that it expired 10 years ago under a previous owner. When I asked them about our service call three months ago, they stated that it was a mistake and I should have been charged!
I scheduled the maintenance anyway (maintenance confirmed the water heater is done for and performed no other labour), in hopes I could work this out afterward with a different representative. But after speaking to several different call centre lackeys, they are not budging. They all maintain that I never had coverage and this is a "valid charge." They have absolutely no comment to the fact that I was previously told otherwise. One of them even cited the service appointment from three months ago, where our water heater was recommended for replacement, as if that changed the terms of our contract? But no one has said that outright. Is it possible they discontinued our coverage as a result of that? And if so, shouldn't I have been notified? Though, they maintain that I never had this coverage to begin with, and I have no way to prove that I did at one time.
I told them I wouldn't be paying for the diagnostic until I could speak to a manager, which they had refused to accommodate up until this point. They assured me I would get a call back from a manager. I won't hold my breath.
After getting the run around, I called a different line and informed them I was cancelling our contract. (It's a month-to-month rental, so no cancellation fees.) The representative I got asked if I was sure, and reminded me that my rental agreement entitled me to free service and maintenance calls. (??!?!!) I was shocked and asked her to repeat that so my husband could hear. She immediately apologized and said she was mistaken, that I do not have that service. Surely!! There is something shady going on there!!
Do I have any recourse against this bogus diagnostic fee? Without any written terms or conditions of my contract, I can't prove that they're lying. But it just feels way too convenient that they have changed their tune now that my water heater is broken. What can I do?
I know $99+tax is a small price to pay to be rid of them. But I also know from reading others' posts that this usually isn't their last attempt at gouging you. I don't want to set a precedent with them that I'm to be f***ed with.
TLDR: Reliance previously said I had free service and maintenance of my rental water heater. Now that it's broken, they're saying I never had that coverage. I have no written proof either way.
ETA: I'm seeking advice on avoiding the $99+tax fee that they are charging me for having diagnosed my broken water heater. I am buying my own water heater this week and not continuing with Reliance.