Faulty replacement phone from insurance

Bonytony_3

My son recently received a replacement mobile phone, having broken the touchscreen on his own handset. The replacement was 'as new' with a £25 excess payable. After a couple of weeks the on/off button ceased working. Having contacted both Virgin Mobile and LSG Insurance they both seem content that the phone was an acceptable replacement (and won't replace it) since the original phone would have been over 12 months old and beyond the warranty that went with it. When I suggested to the 'customer services advisor' that they could happily send any old rubbish to repalce a phone over 12 months old his response was along the lines of 'if you want to put it like that'. Both Virgin and LSG suggested I contact Samsung who have a 24 month warranty. However, I have no idea how old the original handset is and suspect that Samsung won't touch it if it has been reconditioned. Any idea what my rights are? Won't use LSG again and don't recommend to anyone. Tony