OK . . . fab22 and Harry24 also . . . it may be time to get tough with 3. I'd like to say complain to Ofcom and they will prompt 3 to abide by the letter and spirit of the conditions of their license and of the Code of Practice that they signed . . . unfortunately the chances of Ofcom actually prodding a network to carry out their obligations are pretty slim, they'd need to carry out a consultation first then ruminate for a year or two . . .
How are you placed to pay the modest issue fees in the County Court? (Or if you are 'poor' you may get remission of fees and you get anything you pay back if you win) The case is no less strong taken that way the only disadvantages are that if arbitration worked properly it would be free up front and very quick - My whole claim took three and a half weeks from sending 'cage rattler' to agreement to settle.
The fact that a network has denied or blocked access to arbitration will actually be a very strong point against them in Court and, frankly, my feeling is that it is time someone put these people through the wringer . . . unfortunately it wont be any of our lily livered consumer protection (sic) organisations.
If either or both of you want to try that way (and it must be your choice) let me know and I'll go through the process with you and help you all I can with the case structuring and presentation. I have to make clear though I am not a lawyer (thank God) and if they really wanted to get heavy they would probably field some big guns . . . On the other hand you have right on your side and the moral high ground! You should remember also that you cant have costs awarded against you in the Small Claims track and you can insist on the case being heard in your own local court. This means that big compaines sometimes find it cheaper to just to settle on a 'no admission' basis and have done with it.
So . . . it's up to you.
KRs Funforus (and anyone who'd like to come to watch)