Moreover, in some cases, the bank demanded a series of documents and after receiving the required documents, it demanded different or additional documents.
In addition, it is clear from the correspondence that concerns, suspicions, and comments arose in the hearts of the bank's employees, but many of them did not reflect on the customers at all and were not able to deal with them, all despite the fact that the bank did not point to any reason for such prevention. In this context, I will note that in the course of his interrogation, Mr. Lotem confirmed that there was no impediment to the disclosure of certain information and suspicions to the customers [see, for example, his testimony of May 15, 2018, on page 23, lines 10-13], and he also confirmed that the customers cooperated with the bank and never refused to cooperate [ibid., on page 27, lines 14-17]. Mr. Lotem also testified explicitly that there might have been room to send additional warning letters and that this was more proper conduct [see his testimony there. On page 36, lines 11-12].
I find it to be noted that a significant expression of the lack of transparency vis-à-vis the plaintiffs and the lack of a right to exercise their right can also be found in the laconic closure notice that was conveyed to them, the main flaw of which is the lack of detail as required by law of the grounds for closure. In a closed article, I will note that there are also many linguistic deficiencies in the letter, including confusion in the wording between a letter addressed to a lawyer and a reference during the letter to "your client", reference to the accounts as an "account" and the like - which also indicate the haste in which the letter was issued and the lack of attention to its wording when it was issued, all when it comes to a letter that has the economic significance that derives from it to the customers. There is no doubt.
I am of the opinion that in the absence of transparency, the plaintiffs' effective right to plead was denied, since they were not at all able to deal with the bank's claims. In this last context, and as a prelude to the latter, I will note that evidence of the results of the deficiencies in the proceeding as conducted by the Bank can be found in the fact that, as will be illustrated below, when the plaintiffs were able, during the judicial proceeding, to deal with the bank's claims and suspicions, they were answered and removed.