Moreover, from the evidence brought before me, it appears that there was a real difficulty in communicating with the plaintiff and attempts were made to talk him about him by his grandson, who accompanied him to the branch. The plaintiff did not respond to the questions he was asked regarding the nature of the action that was requested, or even to the questions aimed at understanding whether he was aware of the time and place. The defendant's representatives were under the impression that the plaintiff did not understand that an action was required to be taken in his account and its essence, and believed that there was a concern that the bank account would be emptied while taking advantage of the plaintiff. In this regard, Ms. Anna Gotin, who testified that she speaks Russian, the plaintiff's mother tongue, testified as follows:
"... I was sitting next to the cash registers and when a hairdresser called me, she said that there was a client here with an escort, and a client was not talking, only talking to an escort, and it seemed suspicious to her and she asked me to intervene. I invited them to my room, to the deputy manager's room, and started talking to the customer. Now, I asked what action he wanted to take, and he didn't answer me... And I spoke slowly and in Russian and loudly, it's already ingrained in my habits of talking to people like that, so I spoke to him in Russian gently, loudly, I talk to every elderly person like that. Now, since he didn't answer any questions about the nature of the action, I had already started asking questions about the date, and then I asked where you lived. He didn't know how to answer a question about where you live, either, he looked at the escort. An escort kept trying to talk him out. Now in the end, the client didn't answer me, didn't give me answers. Now, I, because we, as a bank employee, must protect the interests of the customer and refrain from exploiting the elderly, I must not allow actions that a customer does not speak unequivocally, and this is probably what I said that I cannot provide a service when a person does not give me instructions" (p. 42 of the minutes, s. 30 - p. 43, s. 9, my emphases - R.A.).