I can’t see how in the current market, anyone could offer a 12% guaranteed return.
What 2 aspects have been breached?
Where is the company that you bought the shares in located?
I am extremely sceptical of an organisation that doesn’t have an address on its website.
There is no mention of it being a limited company and hence, you would be suing the individuals that run the organisation but, you are going to need their name.
They are allegedly regulated by this organisation http://www.aipp.org.uk/buyer/complaints-about-aipp-members/2/
and it would be worthwhile making a complaint to them.
They are suggesting, I think you may is an equity for debt, also called equity swap, debt swap, which means that they give you equity in the development rather than a payment. However that’s no good if you want the income because otherwise, you are in exactly the same situation. It was an explanation http://www.investopedia.com/ask/answers/06/debtequityswap.asp
Ultimately if they don’t pay you the promised return or sell the shares then you are faced with taking them to court.
With regard to enforcing any penalty clause, these have to be a genuine measure of your loss otherwise a penalty is not enforceable. Your loss is obviously the original investment plus the 12% return.
Can I clarify anything for you?
I would make a complaint and if that proves fruitless, then go to court. You are going to need a physical address and the names of the principals.
A solicitor’s letter threatening the legal action and an application for costs in respect of the legal action might produce a result without the need of going to court.
You would need to find a solicitor preferably local to you that has experience of dealing with breach of contract claims in respect of investments.