In Live Chess (of which you speak), when 3-fold repetition is active / valid, the simple offer of a draw grants the draw. One's opponent does not have to agree. However, sometimes it is unclear to us humans when the active / valid status is actually in play. In those cases, like yours, simply repeat the draw offer until it is automatically granted by the server.
Claiming a Draw
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I was in a postion where my opponents king had 2 legal moves. Afterr offering a draw wich was declined? (for time reasons) I was forced to just check repeatedly for like 2 minutes. It was a on board draw. Is there a way to claim it? Am I mistaken?