What is a similar fact evidence claim?
In timeshare related claims many consumers have signed the same standard contracts, which were sold at sales presentations, which were delivered by salespeople, who were trained by the seller in how to present the product. In most cases, these sales are pre-engineered whereby the same representations are delivered to all potential buyers. That being so, similarities will exist, so by grouping the consumers’ claims together and each consumer certifying that others can share their testimony with others, a pattern will exist.
When protracting litigation, it is always the case that the claimant has to prove their case. Of course, they are entitled to rely upon law and statutory implied and implied terms, however when balancing the issues, the court will be more prone if you have evidence and witness testimony of many others who were equally subjected to the same representations. This, in short will provide a better opportunity to present the facts and have them supported by many others, which in turn will improve the claim.
When conducting similar fact evidence cases, those cases must be conducted independently so that the evidence contained in the submissions are not contaminated. In most cases, the evidence will not all be the same as different words will be used and by many salespeople, however the threads will be evidence and will provide the consumers with a stronger case should mis-selling of timeshare or long-term holiday products be widespread.
One must appreciate that timeshare, long-term holiday products and leisure credits are not sold on the high street, but are sold in what some describe, as long and arduous sales presentations, whereby a salesperson is changing your position from being an unwilling buyer to that of a willing one. A consumer is entitled to believe that the truth is being told, that the product is correctly described and more importantly they can, at all times, rely upon what was said when considering the benefits which were represented. The consumer is entitled to rely upon what was said and if others relied upon the same representations the case is enhanced.